Legal Opinion

Stephens v. Wilson

Court of Appeals of Kentucky

Decided March 4, 1903PublishedCited by 12 opinions

Case 5 — Action by W. R. Stephens against Charles Wilson and Others to Recover Damages fob False Imprisonment.— APPEAL FROM BATH CIRCUIT COURT. Petition Dismissed and Plaintiff Appeals. This action was brought by W. R. Stephens against Wilson, Bascom and Atchison, for unlawfully and by force and against ■his will, arresting and imprisoning him and detaining him in custody for more than five hours.

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Case 5 — Action by W. R. Stephens against Charles Wilson and Others to Recover Damages fob False Imprisonment.— APPEAL FROM BATH CIRCUIT COURT. Petition Dismissed and Plaintiff Appeals. This action was brought by W. R. Stephens against Wilson, Bascom and Atchison, for unlawfully and by force and against ■his will, arresting and imprisoning him and detaining him in custody for more than five hours. The facts alleged' are, that on November 26, 1901, Charles Wilson, Butler Toy and Thomas R. Hill, three of the five justices of the peace of Bath county, by an order entered on the order book of…

1Opinion of the Court

Opinion or the court by

JUDGE BARKER

Reversing.;Tkis action was instituted in the Bath circuit court by the ■appellant, AY. R. Stephens, to recover damages of the appellees, Charles AVilson, J. M. Atchison, and S. C. Bascom, Jr., for false imprisonment. The petition states that: “On the áth day of December, 1901, the defendants Charles AVilson and J. M. Atchison, in Bath county, Kentucky, wrongfully, and without authority of law, and against his will and consent, advised, requested, and caused their codefendant, S. C. Bascom, Jr., to assault and forcibly arrest and take into custody and…

2Cases cited5 opinions

  1. Kilbourn v. ThompsonSupreme Court of the United States · 1881
  2. Cable v. CooperNew York Supreme Court · 1818
  3. State ex rel. Hannibal & St. Joseph Railroad v. ShacklettSupreme Court of Missouri · 1866
  4. Bath County ex. rel. Brown v. Daugherty Comm'rCourt of Appeals of Kentucky · 1902
  5. Brown v. HendersonSupreme Court of Missouri · 1821

3Cited by12 opinions

  1. Lawrence County v. Lawrence Fiscal CourtCourt of Appeals of Kentucky · 1921
  2. Rammage v. KendallCourt of Appeals of Kentucky · 1916
  3. Manning v. KetchamCourt of Appeals for the Sixth Circuit · 1932
  4. Streipe v. Liberty Mutual Life Insurance Co.Court of Appeals of Kentucky (pre-1976) · 1932
  5. Wyatt v. ArnotCalifornia Court of Appeal · 1907

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