People v. Adams
Michigan Supreme Court
Error to Kent. (Montgomery, J.) Assault and battery. Adams was convicted of assault and battery on a Mrs. Taylor. The record showed that as agent for his mother who owned a building which formerly belonged to the Taylors, but which they had lost on foreclosure, he caused Mrs. Taylor to be removed from it by some employees of his.
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Error to Kent. (Montgomery, J.) Assault and battery. Adams was convicted of assault and battery on a Mrs. Taylor. The record showed that as agent for his mother who owned a building which formerly belonged to the Taylors, but which they had lost on foreclosure, he caused Mrs. Taylor to be removed from it by some employees of his. The Taylors had already been thrice ejected by writ of assistance, but had again entered clandestinely with a little furniture and had refused to leave on being ordered to do so by Adams. He allowed Mrs. Taylor to remain all night and in the morning he again ordered…
1Per curiam
The record tends to show that Mrs. Taylor was not in bona fide possession but was a mere tortious intruder.
But assuming’ it to be otherwise, there is no evidence that the defendant committed an assault and battery upon her.
[The judgment is reversed.]
2Cited by3 opinions
- Taylor v. AdamsMichigan Supreme Court · 1885
- State v. RoanSupreme Court of Iowa · 1904
- Haywood v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933