Legal Opinion

Eberhart v. Murphy

Washington Supreme Court

Decided December 15, 1920No. 155781/2PublishedCited by 25 opinions

Appeal from a judgment of the superior court for Yakima county, Taylor, J., entered March 27, 1919, upon the verdict of a jury rendered in favor of the plaintiff, in an action upon a sheriff’s official bond, after a trial on the merits. Affirmed on original appeal.

1Opinion of the Court

On Rehearing.

Tolman, J.

This case was heretofore heard and decided by a department of this court, and the majority *450and dissenting opinions of the department will he found in 110 Wash. 158, 188 Pac. 17, to which reference is made for a statement of the facts and issues. A rehearing having been granted, a majority of the court sitting En Bcmc is of the opinion that neither the majority nor the minority of the department is wholly right; hence it is necessary to state briefly the results at which we have now arrived.

It is fundamental that a peace officer may lawfully arrest without a warrant a…

2Cases cited8 opinions

  1. Simmons v. GardnerWashington Supreme Court · 1907
  2. Hightower v. Union Savings & Trust Co.Washington Supreme Court · 1915
  3. Riggs v. GermanWashington Supreme Court · 1914
  4. Borg v. BringhurstWashington Supreme Court · 1919
  5. Eberhart v. MurphyWashington Supreme Court · 1920

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3Cited by25 opinions

  1. Peasley v. Puget Sound Tug & Barge Co.Washington Supreme Court · 1942
  2. Ratliff v. StanleyCourt of Appeals of Kentucky (pre-1976) · 1928
  3. State v. ByersWashington Supreme Court · 1975
  4. Lamb v. Clark, JailerCourt of Appeals of Kentucky (pre-1976) · 1940
  5. Steadman v. TophamWyoming Supreme Court · 1959

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