Peterson v. Merritt
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Robert N. Dunn, Judge. Action for damages for false imprisonment. Judgment for defendant. Plaintiff appeals.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Robert N. Dunn, Judge. Action for damages for false imprisonment. Judgment for defendant. Plaintiff appeals. Although a writ is fair on its face, yet as the officer knew facts rendering it void, or could have known by reasonable diligence, or by virtue of his office should have known, having been put on his inquiry, he would be liable, and this is a fact, as to whether or not the sheriff did know or could have known that the writ was void, and such fact should have been submitted to the jury for their…
1Opinion of the CourtAilshie, C. J.
This action was instituted to recover damages for false imprisonment.
Respondent Merritt was sheriff of Bonner county and the Fidelity and Deposit Co. was surety on* his official bond. The'appellant was taken into custody under process issued out of the district court in and for Bonner county and was held in custody by the respondent as sheriff of the county. *327The appellant was subsequently released on a writ of habeas corpus sued out in this court. (In re Peterson, 19 Ida. 433, 113 Pac. 729, 33 L. R. A., N. S., 1067.) Appellant was discharged by the judgment of this court .on the ground that…
2Cases cited7 opinions
- Trammell v. Town of RussellvilleSupreme Court of Arkansas · 1879
- In re PetersonIdaho Supreme Court · 1911
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- Marks v. SullivanUtah Supreme Court · 1893
- Hofschulte v. DoeU.S. Circuit Court for the District of Northern California · 1897
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3Cited by5 opinions
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