Joske v. Irvine
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Irvine sued Joske for unlawful imprisonment and recovered a judgment, affirmed on appeal by defendant, who then obtained writ of error.
1Opinion of the Court
DENMAN, Associate Justice.
Joe Shely, an officer of the city of San Antonio, arrested James Irvine without a warrant and confined him nearly twenty-four hours in the city prison. Irvine sued Alexander Joske to recover damages, claiming that such arrest was unlawful and directed by him. The arrest was not sought to be justified under any statute or charter provision, but under a city ordinance authorizing the arrest of suspicious characters without warrant. The trial court having instructed the jury that the arrest was unlawful, verdict and judgment were for plaintiff for two hundred and fifty…
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