City of Hattiesburg ex rel. Coston v. Beverly
Mississippi Supreme Court
Appeal from circuit court of Forrest county. Hon. R. S. Hall, Judge. Action by City of Hattiesburg, to the Use of A. B. Cos-ton, against T. W. Beverly, a policeman of the city, and the United States Fidelity & Guaranty Company, as surety on Beverly’s official bond. Judgment for defendants, and plaintiff appeals. Whether the plaintiff was arrested by Beverly for violating the statute against profanity was made an issue of fact before the jury.
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Appeal from circuit court of Forrest county. Hon. R. S. Hall, Judge. Action by City of Hattiesburg, to the Use of A. B. Cos-ton, against T. W. Beverly, a policeman of the city, and the United States Fidelity & Guaranty Company, as surety on Beverly’s official bond. Judgment for defendants, and plaintiff appeals. Whether the plaintiff was arrested by Beverly for violating the statute against profanity was made an issue of fact before the jury. I quote and adopt this as a better statement of the real issue than I could have made. The difficulty that Beverly finds himself in is that his evidence…
1Opinion of the CourtEthridge, J.
The appellant, A'. B. Caston, filed suit against T. W. Beverly,, a policeman of Hattiesburg, and the surety on his official bond, on two counts — one count being for the unlawful seizure and search of a suit case belonging to and in the possession of Caston, without having obtained a search warrant so to do; and, second, for an unlawful arrest without warrant. There was a plea of the general issue as to each of said counts, and notice of special matter under the general issue. Under the notice of special matter under the general issue, the defendant gave notice that at the time of the alleged…
2Cases cited3 opinions
- Thompson v. StateMississippi Supreme Court · 1907
- Banfill v. ByrdMississippi Supreme Court · 1920
- Letow v. United States Fidelity & Guaranty Co.Mississippi Supreme Court · 1919
3Cited by1 opinion
- Reid v. StateCourt of Appeals of Mississippi · 2005