Legal Opinion

Ellis v. Cleveland

Supreme Court of Vermont

Decided February 15, 1882PublishedCited by 9 opinions

Trespass for false imprisonment. Pleas, general issue and special plea in bar. Heard on demurrer to the special plea, December Term, 1881, Taft, J., presiding. Plea held sufficient.

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Trespass for false imprisonment. Pleas, general issue and special plea in bar. Heard on demurrer to the special plea, December Term, 1881, Taft, J., presiding. Plea held sufficient. The declaration alleged that the defendants, without reasonable cause, assaulted plaintiff in Rochester, in the county of Windsor, on the 28th day of May, 1880, and carried him to Chelsea, in the county of Orange, and, after imprisoning him for four hours in a barn, committed him to the jail in said Chelsea, on the 29th day of said May; that they detained him in said jail two days, till the 31st; and that they…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

False imprisonment consists in restraining the liberty of the person without sufficient authority. 3 Bl. Com. 27. But if one consent to be restrained of his liberty, restraint accordingly is not false imprisonment, for the consent doth afford sufficient authority. The original arrest was lawful. Upon such arrest it became and was the duty of the officer, under the statute, to commit the plaintiff, if he committed him at all, to jail in Windsor County, the county in which the arrest was made; and it was the right of the plaintiff to be there…

2Cases cited2 opinions

  1. Briggs v. MasonSupreme Court of Vermont · 1859
  2. Goodrich v. JudevineSupreme Court of Vermont · 1867

3Cited by9 opinions

  1. McKinstry v. CollinsSupreme Court of Vermont · 1904
  2. Moore v. DukeSupreme Court of Vermont · 1911
  3. Gibson v. HolmesSupreme Court of Vermont · 1905
  4. Clark v. TiltonSupreme Court of New Hampshire · 1907
  5. Kent v. MilesSupreme Court of Vermont · 1893

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