Kroeger v. Passmore
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Lavina Kroeger against Charles S. Passmore. From a judgment for plaintiff, and from an order denying defendant’s motion for new trial, he appeals. Though force be employed against the person of another, not for the purpose of detaining him or restraining his liberty, but to obtain possession of a chattel, it has been held there is no false imprisonment. (McClure v. State, 26 Tex.
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Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Lavina Kroeger against Charles S. Passmore. From a judgment for plaintiff, and from an order denying defendant’s motion for new trial, he appeals. Though force be employed against the person of another, not for the purpose of detaining him or restraining his liberty, but to obtain possession of a chattel, it has been held there is no false imprisonment. (McClure v. State, 26 Tex. App. 102, 9 S. W. 353.) An arrest by a private individual is justified for a public offense committed or attempted in his presence.…
1Opinion of the CourtJustice Holloway
This is an action for damages for false imprisonment. The plaintiff had judgment. The defendant moved for a new trial, which motion was denied by the trial court upon condition that the plaintiff remit $250 of the amount of the verdict, which was done. Defendant thereupon appealed from the judgment and from the order denying him a new trial.
The errors assigned by the appellant are insufficiency of the evidence to justify the verdict, the refusal of the trial court to grant a motion for a nonsuit, refusal to direct a verdict for defendant, and refusal of the court to give the following…
2Cases cited3 opinions
- Lincoln v. PowerSupreme Court of the United States · 1894
- Stephens v. ElliottMontana Supreme Court · 1907
- Comer v. KnowlesSupreme Court of Kansas · 1877
3Cited by11 opinions
- Dillon v. HaskellCalifornia Court of Appeal · 1947
- Meinecke v. SkaggsMontana Supreme Court · 1949
- Panisko v. DreibelbisMontana Supreme Court · 1942
- State v. UpdegraffMontana Supreme Court · 2011
- Korkman v. Hanlon Drydock & Shipbuilding Co.California Court of Appeal · 1921
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