Boynton v. Tidwell
Texas Supreme Court
Appeal from Panola. Tried below before the Hon. William W. Morris. Suit by F. J. Tidwell, appellee, against Moses Boynton, John J. Boynton, John T. Bent and Elizabeth Boynton, for false imprisonment. Among other things, the petition alleged “ that said defendants had made no affidavit to charge said of- “ fence and had no lawful warrant for the arrest and detention “ of this plaintiff.”
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Appeal from Panola. Tried below before the Hon. William W. Morris. Suit by F. J. Tidwell, appellee, against Moses Boynton, John J. Boynton, John T. Bent and Elizabeth Boynton, for false imprisonment. Among other things, the petition alleged “ that said defendants had made no affidavit to charge said of- “ fence and had no lawful warrant for the arrest and detention “ of this plaintiff.” Defendants demurred, pleaded not guilty ; denied all and singular, &c.: and alleged specially, that if said plaintiff was arrested at all, it was at the instance of John T. Dent, one of these defendants, by…
1Opinion of the CourtWheeler, J.
It is a rule of the Common Law, that a plea *121justifying the arrest of the plaintiff, upon the ground that a crime had been committed, and that there was reasonable ground to suspect and accuse the plaintiff, must distinctly state the reasons for suspecting him. The object is to prevent surprise on the plaintiff at the trial, by the defendant then assigning various reasons and causes of imprisoning him, of which he had no notice, and which consequently he could not be prepared to meet at the trial on the plea of not guilty, on fair and equal terms with respect to the evidence and proof of…
2Cited by6 opinions
- Texas P. Ry. Co. v. PerkinsCourt of Appeals of Texas · 1926
- White v. McQueenMichigan Supreme Court · 1893
- Smith v. BurdettCourt of Appeals of Texas · 1938
- Rourke v. RocheMichigan Supreme Court · 1923
- Western Union Telegraph Co. v. CatesCourt of Appeals of Texas · 1910
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