Legal Opinion

Larson v. Collins

Michigan Supreme Court

Decided March 30, 1917No. Docket No. 94PublishedCited by 3 opinions

Error to Muskegon; Sullivan, J. Case by Matilda Larson against Fred J. Collins, sheriff of the county of Muskegon, for false imprisonment. Judgment for plaintiff. Defendant brings error. This is an action for false imprisonment. Plaintiff was arrested and tried before one Elmer E. Rosenberry, a justice o.f the peace and police justice of the city of Muskegon. The complaint which charged the plaintiff with the commission of an offense does not appear in the record.

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Error to Muskegon; Sullivan, J. Case by Matilda Larson against Fred J. Collins, sheriff of the county of Muskegon, for false imprisonment. Judgment for plaintiff. Defendant brings error. This is an action for false imprisonment. Plaintiff was arrested and tried before one Elmer E. Rosenberry, a justice o.f the peace and police justice of the city of Muskegon. The complaint which charged the plaintiff with the commission of an offense does not appear in the record. She was convicted, however, and the following commitment was thereupon made out by the justice: “State of Michigan, ( . “County of…

1Opinion of the CourtBrooke, J.

(after stating the facts). On behalf of the appellant, it is contended that the commitment was fair upon its face and a sufficient protection for the sheriff. It is said that the commitment was held invalid by the trial court, not because the particulars of the judgment were not set forth, but because the offense was not set forth with that degree of particularity which might be required in the complaint; and it is urged that the law does not require the commitment to set forth the offense with as much particularity as might be required in the case of an indictment or an information. Counsel…

2Cases cited3 opinions

  1. Wheaton v. WhittemoreMichigan Supreme Court · 1882
  2. White v. McQueenMichigan Supreme Court · 1893
  3. LaRoe v. RoeserMichigan Supreme Court · 1860

3Cited by3 opinions

  1. Crawford v. HuberMichigan Supreme Court · 1921
  2. Bertram Zweibon v. John N. Mitchell, Individually and as Attorney General of the United States of AmericaCourt of Appeals for the D.C. Circuit · 1975
  3. Bertram Zweibon v. John N. Mitchell, Individually and as Attorney General of the United States of AmericaCourt of Appeals for the D.C. Circuit · 1975

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