Ray v. Dodd
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Where there is a want of jurisdiction of' either the person or subject-matter, a justice of the peace who commits a party to prison is guilty of false imprisonment; and where a constable assists in effecting such imprisonment, with knowledge of the justice’s want of jurisdiction, he is also gui-lty of false imprisonment. Patzack y. Yon Gerichten, 10 Mo. App. 424; Tracy y. Williams, 10 Am.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Where there is a want of jurisdiction of' either the person or subject-matter, a justice of the peace who commits a party to prison is guilty of false imprisonment; and where a constable assists in effecting such imprisonment, with knowledge of the justice’s want of jurisdiction, he is also gui-lty of false imprisonment. Patzack y. Yon Gerichten, 10 Mo. App. 424; Tracy y. Williams, 10 Am. Dec. 102, 4 Conn. 107; Shelclon y. Hill, 33 Mich. 171; Page v. Mitchell, 13 Mich. '63; Glazar y. Hubbard, 80 Am. St. 340, (102 Ky.);…
1Opinion of the Court
BROADDUS, P. J
This is a suit for false imprisonment. The allegations of the petition in substance are, that the defendant Thomas Dodd a justice of the peace for Preston township, Jasper county, and I. Y. *446Byers of said township unlawfully combined together for the purpose of depriving plaintiff of his liberty, and that in pursuance of such unlawful combination the said Dodd on the 23d day of August, 1907 issued a certain commitment and delivered the same to the defend-' ant Byers. The commitment omitting caption is as follows:
“Whereas, complaint has been made before me, a justice of the peace…
2Cases cited1 opinion
- Patzack v. Von GerichtenMissouri Court of Appeals · 1881
3Cited by4 opinions
- Cooper v. O'CONNORCourt of Appeals for the D.C. Circuit · 1938
- Sneed v. Concord Ins. Co.New Jersey Superior Court Appellate Division · 1967
- Joy v. Florence Pipe Foundry Co.New Jersey Superior Court Appellate Division · 1960
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1952