Legal Opinion

Linnen v. Banfield

Michigan Supreme Court

Decided July 22, 1897PublishedCited by 14 opinions

Error to Washtenaw; Kinne, J. Case by James Linnen against Paris Banfield, Melvin C. Peterson, David Collins, and John V. Sheehan for trespass and false imprisonment. From a judgment for defendants on verdict directed by the court, plaintiff brings error.

1Opinion of the CourtMontgomery, J.

This is an action of trespass. The declaration contains counts for false imprisonment, and for trespass in making a search of plaintiff’s dwelling house. The defendant Banfield justified the arrest on the ground that it was made on reasonable suspicion of felony, and the search was justified under a warrant issued by a justice of the peace. The case was discontinued as to defendant Peterson.

The material facts appearing on the trial were as follows:

“Defendant John V. Sheehan is a dealer in books and stationery in the city of Ann Arbor, and was engaged in this business in December, 1894.…

2Cases cited1 opinion

  1. Malcolmson v. GibbonsMichigan Supreme Court · 1885

3Cited by14 opinions

  1. Stowers v. WolodzkoMichigan Supreme Court · 1971
  2. People v. HamiltonMichigan Supreme Court · 1960
  3. State v. BrockOregon Supreme Court · 1982
  4. Miller v. FanoCalifornia Supreme Court · 1901
  5. Oxford v. BerryMichigan Supreme Court · 1918

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