Legal Opinion

Hefler v. Hunt

Supreme Judicial Court of Maine

Decided March 11, 1921PublishedCited by 9 opinions

On report. This is an action of trespass for false imprisonment. The plaintiff was arrested by the defendant, a deputy sheriff, on the 27th day of August, 1919, on a warrant issued by the Portland Municipal Court, and on the same day committed to jail in Cumberland County. The next morning, before court set, the sheriff, without the knowledge or consent of the defendant, one of his deputy sheriffs, permitted the prisoner to go at large.

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On report. This is an action of trespass for false imprisonment. The plaintiff was arrested by the defendant, a deputy sheriff, on the 27th day of August, 1919, on a warrant issued by the Portland Municipal Court, and on the same day committed to jail in Cumberland County. The next morning, before court set, the sheriff, without the knowledge or consent of the defendant, one of his deputy sheriffs, permitted the prisoner to go at large. On the day of the arrest the defendant made return upon the warrant that he had arrested the plaintiff “and now have her before the court as within directed.”…

1Opinion of the CourtPhilbrook, J.

This is an action to recover damages for assault and false imprisonment. The case is before us on report for our determination of all questions of law and fact, and for our assessment of damages if the plaintiff should be found to be entitled to the same.

The defendant, a deputy sheriff, on the 27th of August, 1919, entered complaint before the Judge of the Municipal Court of Portland alleging that the plaintiff, on the 25th day of August, 1919, at said Portland, was an idle and disorderly person having no visible means of support, neglecting all lawful calling or employment. Upon this…

2Cases cited2 opinions

  1. Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
  2. Colby v. SampsonMassachusetts Supreme Judicial Court · 1809

3Cited by9 opinions

  1. Nadeau v. StateSupreme Judicial Court of Maine · 1978
  2. State v. CoutureSupreme Judicial Court of Maine · 1960
  3. State v. CampbellSupreme Judicial Court of Maine · 1974
  4. Collins v. StateSupreme Judicial Court of Maine · 1965
  5. Fanning v. United StatesCourt of Appeals for the Fourth Circuit · 1934

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