Legal Opinion

Banfill v. Byrd

Mississippi Supreme Court

Decided March 15, 1920No. 21036PublishedCited by 9 opinions

Appeal from Circuit Court of Harrison County. Hon. Charles J. Bushing, Judge. Action by Mrs. Margaret Banfill against Calvin W. Byrd and others.

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Appeal from Circuit Court of Harrison County. Hon. Charles J. Bushing, Judge. Action by Mrs. Margaret Banfill against Calvin W. Byrd and others. Demurrers to declaration overruled and'verdict for defendants, motion for a new trial overruled, and defendant’s motion to correct the judgment so as to find for plaintiff in a nominal sum granted, and plaintiff appeals. . It is contended by appellant that the search of her premises, by Byrd, Murphy and a detachment ofl sailors, under so called search warrant, was as illeg*al and oppressive, as if a search had been made under a writ of replevin, or…

1Opinion of the CourtEthridge, J.

The appellant sued the appellees for damages for an unlawful search of her1 hotel. The appiellee Byrd was chief of police of Gulport, and the Maryland Casualty Company was surety on his official bond. On the 31st day of December Byrd procured a search warrant from the police court clerk, authorizing him to search the hotel known as the Union Hotel in ¡Gulfport, Miss., and, accompanied by a policeman and a body. of marines, proceeded to search the Union Hotel for intoxicating liquors. They failed to find the intoxicating liquors, and so »retuimej¡l on the warrant. Theireatftejr tM$ suit 'was…

2Cases cited6 opinions

  1. McQuiggan v. LaddSupreme Court of Vermont · 1906
  2. Hallowell v. GuntleIndiana Supreme Court · 1882
  3. Grayson v. BrooksMississippi Supreme Court · 1886
  4. Yazoo & M. V. R. v. SultanMississippi Supreme Court · 1913
  5. Wood v. CusterSupreme Court of Kansas · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Griffin v. FletcherMississippi Supreme Court · 1978
  2. Matusak v. KulczewskiSupreme Court of Pennsylvania · 1928
  3. Burrell v. GossMississippi Supreme Court · 1962
  4. City of Hattiesburg ex rel. Coston v. BeverlyMississippi Supreme Court · 1920
  5. Griffin v. StateCourt of Criminal Appeals of Texas · 1933

4 more not listed; retrieve them via the Exa API.

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