Royce v. Salt Lake City
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. John A. Street, Judge. Action of tort by Guy C. Royce against Salt Lake City for false imprisonment.
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Appeal from the Third district court, Salt Lake county. John A. Street, Judge. Action of tort by Guy C. Royce against Salt Lake City for false imprisonment. Fromm judgment for plaintiff, defendant appeals. 2 Dillon on Municipal Corporations, secs. 968, 969, 970. “ If the act complained of lies wholly outside of the general or special powers of the corporation as conferred by -charter or statute, the corporation can in no event be liable for damages whether it directly commanded the -act or not/’ To the same effect, see: Thayer v. Boston, 19 Pick. 511; Browning y. Oioen Go. Com., 44 Ind. 11;…
1Opinion of the Court
MINER, J.:
Plaintiff was arrested by a police officer of defendant for vagrancy, without a warrant, no public offense being shown to have been committed in his presence. He was tried on the verbal charge of vagrancy, under the city ordinances of Salt Lake, in the police court, without any written complaint being filed against him. Plaintiff interposed a plea of not guilty, was tried, and convicted of the offense charged, and sentenced to imprisonment in the city jail for a period of 60 days. He was afterwards held by the jailer of the city jail without any commitment from the police court.…
2Cases cited8 opinions
- Curran v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Calwell v. City of BooneSupreme Court of Iowa · 1879
- President of Odell v. SchroederIllinois Supreme Court · 1871
- The Mayor, C. of Albany v. . CunliffNew York Court of Appeals · 1849
- Peters v. City of LindsborgSupreme Court of Kansas · 1889
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3Cited by5 opinions
- Lund v. Salt Lake CountyUtah Supreme Court · 1921
- City of Lawton v. HarkinsSupreme Court of Oklahoma · 1912
- Hoggard v. Mayor of MonroeSupreme Court of Louisiana · 1899
- Everill v. SwanUtah Supreme Court · 1898
- Mormon v. Douglas CountyWisconsin Supreme Court · 1937