Campbell v. Hyde
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Joseph W. Phillips, Special Judge; STATEMENT BY THE COURT. Appellee sued appellant for false imprisonment, alleging that on or about the 23d day of November, 1907, in the city of Newport, Jackson County, Arkansas, defendant did forcibly, falsely, maliciously and against his will, arrest, without warrant or other legal process, and imprison him and restrain him of his liberties for three days, or thereabout.
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Appeal from Jackson Circuit Court; Joseph W. Phillips, Special Judge; STATEMENT BY THE COURT. Appellee sued appellant for false imprisonment, alleging that on or about the 23d day of November, 1907, in the city of Newport, Jackson County, Arkansas, defendant did forcibly, falsely, maliciously and against his will, arrest, without warrant or other legal process, and imprison him and restrain him of his liberties for three days, or thereabout. That, by reason of said false arrest and imprisonment, maliciously committed by appellant against appellee, he suffered great shame, was greatly injured…
1Opinion of the Court
Wood, J.,
(after stating the facts). The court erred in instructing the jury to return a verdict in favor of appellee and in the instruction given. The court also erred in refusing appellant’s prayers for instructions. This court in Trammell v. Russellville, 34 Ark. 106, said: “It is established doctrine that process, fair on its face, will protect from liability the officer executing it. It is not meant that 'it shall in all respects be regular; but that it shall appear to have been lawfully issued, and such as the officer might lawfully serve. That process may be said to be fair on its face…
2Cases cited1 opinion
- Carman v. EmersonCourt of Appeals for the Eighth Circuit · 1895
3Cited by6 opinions
- Michael Wayne Dean v. Pascual Q. Olibas, Doing Business as Freedom Bail BondsCourt of Appeals for the Eighth Circuit · 1997
- Thompson v. BakerDistrict Court, W.D. Arkansas · 1955
- Smith v. FishSupreme Court of Arkansas · 1930
- Estill Co. v. Noland, Co. JudgeCourt of Appeals of Kentucky (pre-1976) · 1942
- Hansen v. Dr. Lowe Asso. Indem. Corp.Idaho Supreme Court · 1940
1 more not listed; retrieve them via the Exa API.