Coffin v. Varila
Court of Appeals of Texas
Appeal from El Paso. Tried below before Hon. C. N. Btjokleb. 1. The charge of the court erroneously assumes as a question of fact and of law, that the complaint made and written out by said justice or under his direction, and upon which the justice issued the warrant in question, was the same complaint made and intended to be made by appellant.
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Appeal from El Paso. Tried below before Hon. C. N. Btjokleb. 1. The charge of the court erroneously assumes as a question of fact and of law, that the complaint made and written out by said justice or under his direction, and upon which the justice issued the warrant in question, was the same complaint made and intended to be made by appellant. Penal Code, art. 683; Gen. Laws 1889, p. 35; Moak’s Underhill on Torts, 1 Am. ed., 174,195; Goodrich v. Warner, 21 Conn., 432; Richter v. ELoster, 45 Ind., 440; Garvey v. Wayson, 42 Md., 178; Brown v. Chadsey, 39 Barb., 253; Farnam v. Feely, 56 N. Y.,…
1Opinion of the Court
NEILL, Associate Justice.
The appellee sued appellant to recover $2000 damages for wrongfully imprisoning his wife. Upon the trial the jury returned a verdict in his favor for $300, upon which the judgment was entered from which this appeal is prosecuted.
Conclusions of Fact. — On the 1st day of March, 1891, appellant, who wanted to obtain possession of a certain house claimed by his mother, which on that day had been entered by appellee and his family, went before a justice of the peace, told him he wanted redress, and made and swore to a complaint, which is as follows:
“The State op Texas, j
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2Cases cited1 opinion
- Wolf v. PerrymanTexas Supreme Court · 1891
3Cited by4 opinions
- William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of MarylandCourt of Appeals for the Fifth Circuit · 1969
- Williamson v. Glen Alum Coal Co.West Virginia Supreme Court · 1913
- Regan v. HarkeyCourt of Appeals of Texas · 1905
- William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of MarylandCourt of Appeals for the Fifth Circuit · 1969