Schnider v. Montross
Michigan Supreme Court
Case made from Oakland; Smith, J. Case by C. Ralph Schnider against James Montross for false imprisonment and malicious prosecution. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on a case made. The plaintiff is a meat peddler in Oakland county and particularly in the village of Leonard, in said county. The defendant, upon the date of the commission of the alleged wrong to plaintiff, was the proprietor of a butcher shop in said village.
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Case made from Oakland; Smith, J. Case by C. Ralph Schnider against James Montross for false imprisonment and malicious prosecution. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on a case made. The plaintiff is a meat peddler in Oakland county and particularly in the village of Leonard, in said county. The defendant, upon the date of the commission of the alleged wrong to plaintiff, was the proprietor of a butcher shop in said village. On April 24, 1908, there was in force in said village Ordinance No. 26$, making it unlawful for any person to “ peddle…
1Opinion of the CourtBrooke, J.
{after stating the facts). The first question presented is whether or not the original arrest, without a warrant, was justified. This must be answered in the negative. It is elementary that an officer may arrest without a warrant only in cases of felony or breaches of the peace. Tillman v. Beard, 121 Mich. 475 (80 N. W. 248, 46 L. R. A. 215), and cases there cited. The defendant is therefore clearly liable to plaintiff for all actual *265damages flowing from the original arrest, to be computed by the jury under proper instructions from the court. Those damages may be increased if defendant acted…
2Cases cited2 opinions
- Tillman v. BeardMichigan Supreme Court · 1899
- Thick v. WasherMichigan Supreme Court · 1904
3Cited by8 opinions
- Larson v. FeeneyMichigan Supreme Court · 1917
- Doak v. SpringsteadMichigan Supreme Court · 1938
- Goldner-Siegel Corp. v. Kraemer Hosiery Co.New York Supreme Court · 1934
- Chapman v. SeloverAppellate Division of the Supreme Court of the State of New York · 1916
- Jordan v. SheaMichigan Court of Appeals · 1973
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