Vice v. Holley
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Vice, the appellant, was plaintiff in the court below; Holley, the appellee, was defendant there. The suit was for false imprisonment. From a judgment in defendant’s favor the plaintiff apealed to the supreme court. On February 9, 1904, the appellant was on a passenger train on his way to New Orleans.
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From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Vice, the appellant, was plaintiff in the court below; Holley, the appellee, was defendant there. The suit was for false imprisonment. From a judgment in defendant’s favor the plaintiff apealed to the supreme court. On February 9, 1904, the appellant was on a passenger train on his way to New Orleans. After passing Pass Christian, the appellee, who was marshal of that town, and had boarded the train at that point, approached plaintiff and ashed if he had not been in Pass Christian the week before, to which he answered in…
1Opinion of the CourtMayes, J.
It was error in the circuit judge to give a peremptory instruction to find for defendant. At the time the arrest is said to have been made, Holley had no warrant for the arrest of Vice, and his incarceration was in another state from that in which the offense was charged to have been committed. Kelly was the man charged with crime at Pass Christian, Miss., and not Vice. Vice was locked up in jail in New Orleans one day, and again in Pass Christian for about twenty-four hours, protesting, as he says, all the while that he was not the man wanted, and giving the officer the names of various…
2Cases cited2 opinions
- Hays v. CrearyTexas Supreme Court · 1883
- Formwalt v. HyltonTexas Supreme Court · 1886
3Cited by6 opinions
- Katie Ruth Anderson v. J. J. Nosser, James Bradley v. J. J. NosserCourt of Appeals for the Fifth Circuit · 1971
- State Ex Rel. Powell v. MooreMississippi Supreme Court · 1965
- State ex rel. Daniel v. McNeelMississippi Supreme Court · 1953
- Inmon v. Mississippi ex rel. IvyCourt of Appeals for the Fifth Circuit · 1922
- Katie Ruth Anderson v. J. J. Nosser, James Bradley v. J. J. NosserCourt of Appeals for the Fifth Circuit · 1971
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