Roberts v. Hackney
Court of Appeals of Kentucky
Case 40 — Action for False Imprisonment APPEAL FROM LAUREL CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 1. Appellee claims authority under section 32, Criminal Code, for causing appellant to be summoned before him to be examined on oath, and for committing appellant to the jail of Laurel county for refusing to answer questions.
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Case 40 — Action for False Imprisonment APPEAL FROM LAUREL CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 1. Appellee claims authority under section 32, Criminal Code, for causing appellant to be summoned before him to be examined on oath, and for committing appellant to the jail of Laurel county for refusing to answer questions. Appellee was chairman of the board of trustees of the town of London, and by virtue of such office has no such authority. 2. Under the present Constitution the power of trustees of towns including the chairman, is strictly legislative and not judicial.…
1Opinion of the Court
OPINION op the coubt by
JUDGE HOBSON
Reversing.
Appellee was chairman of the board of trustees of Lyndon, Ky., a town of the sixth class. He had reason to believe intoxicants were being sold in town contrary to. law, and summoned appellant before him to inquire of him, under oath, the name of the offender. Appellant appeared, and refused to answer any questions. Appellee thereupon committed him to jail for five hours. After his release from custody, appellant filed this suit against appellee to recover damages for the imprisonment. Appellee filed answer pleading his authority, to which appellant…
2Cases cited1 opinion
- Pennington v. WoolfolkCourt of Appeals of Kentucky · 1880
3Cited by10 opinions
- Young v. KnightCourt of Appeals of Kentucky (pre-1976) · 1959
- Appalachian Power Co. v. Public Service CommissionWest Virginia Supreme Court · 1982
- Norton Hospitals, Inc. v. PeytonKentucky Supreme Court · 2012
- Morris v. RandallCourt of Appeals of Kentucky · 1908
- Wright v. Plaza FordNew Jersey Superior Court Appellate Division · 1978
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