Percival v. Bailey
Supreme Court of South Carolina
Before Townsend, J., Richland, July, 1903. Action by Martin Percival against W. J. Bailey and The Columbia Real Estate and Trust Co, From order overruling demurrer to complaint, defendants appeal. cite: Motives of defendants are immaterial: 29 S. C., 192; 62 S. C., 104. City court had jurisdiction of offense charged: 14 Stat., 569; Code, 1902, 2003; Crim.
Read the full summary
Before Townsend, J., Richland, July, 1903. Action by Martin Percival against W. J. Bailey and The Columbia Real Estate and Trust Co, From order overruling demurrer to complaint, defendants appeal. cite: Motives of defendants are immaterial: 29 S. C., 192; 62 S. C., 104. City court had jurisdiction of offense charged: 14 Stat., 569; Code, 1902, 2003; Crim. Code, 199; 16 S. C., 493. If arrest be legal, there is no false imprisonment: 63 S. C., 101; 34 N. Y. Sup., 462; 81 Wis., 578; 58 Wis., 276; 64 Wis,, 321; 50 Wis,, 335; 86 Cal., 533. cite: When may officer of city of Columbia lawfully arrest…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The complaint in this case was for damages for false imprisonment. This appeal is from an order overruling a demurrer to the first cause of action for insufficiency. It was alleged that defendants “maliciously and with intent to injure the plaintiff, and without just or reasonable cause, gave the plaintiff into' the custody of a policeman of the city of Columbia, and forced and compelled him to go to the police station of said city and there caused him to be imprisoned on a false charge then made by the defendants as aforesaid; that…
2Cases cited3 opinions
- Loggins v. Southern Ry.Supreme Court of South Carolina · 1902
- Whaley v. LawtonSupreme Court of South Carolina · 1901
- State v. WilliamsSupreme Court of South Carolina · 1892
3Cited by10 opinions
- Prosser v. ParsonsSupreme Court of South Carolina · 1965
- Town of Honea Path v. WrightSupreme Court of South Carolina · 1940
- State v. BethuneSupreme Court of South Carolina · 1919
- State v. RiversSupreme Court of South Carolina · 1938
- State v. McAteerCourt of Appeals of South Carolina · 1998
5 more not listed; retrieve them via the Exa API.