Morrison v. McDonald
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Chandler J. presiding, This was an action of trespass, alleging that the plaintiff had been illegally arrested and imprisoned by the defendants, McDonald and Prescott. McDonald justified as Judge of the Municipal Court of the city of Bangor, and Prescott as Recorder of the same court, acting by order of the Judge.
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Exceptions from the Eastern District Court, Chandler J. presiding, This was an action of trespass, alleging that the plaintiff had been illegally arrested and imprisoned by the defendants, McDonald and Prescott. McDonald justified as Judge of the Municipal Court of the city of Bangor, and Prescott as Recorder of the same court, acting by order of the Judge. The plaintiff, at the trial in the District Court, produced his commission as Recorder of the city of Bangor, dated March 12, 1838. He then proved, that he was arrested while attempting to discharge the duties of that office, after having…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
— This case comes before us upon exceptions taken to the order of the Judge, nonsuiting the plaintiff at the trial, for defect of evidence introduced by him in support of his action, which was trespass for false imprisonment. The plaintiff, until immediately before the trespass complained of, had been Recorder of the Municipal Court at Bangor, of which the defendant, McDonald, was Judge; and of which the defendant, Prescott, claimed to have been duly appointed as the plaintiff’s successor, exhibiting, at the same time, due notice to the…
2Cases cited2 opinions
- Yates v. LansingNew York Supreme Court · 1810
- In re the case of YatesNew York Supreme Court · 1809
3Cited by7 opinions
- State v. Frew & HartWest Virginia Supreme Court · 1884
- Thomas v. MeadSupreme Court of Missouri · 1865
- State v. DeLongSupreme Judicial Court of Maine · 1983
- State v. WilloughbySupreme Judicial Court of Maine · 1987
- In Re Return County Commissioners of Aroostook CountySupreme Judicial Court of Maine · 1968
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