Cooper v. Johnson
Supreme Court of Missouri
Appeal from Henry Circuit Court.—Hon. J. B. Gantt, Judge. The court erred in overruling the demurrer to the evidence. There was nothing in plaintiff’s evidence to show that defendant Johnson was present at the time of the arrest, or in any wise participated in it, or even knew of it until after it was made. The court erred in its instructions to the jury on the part of plaintiff, and in refusing instructions asked by defendant.
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Appeal from Henry Circuit Court.—Hon. J. B. Gantt, Judge. The court erred in overruling the demurrer to the evidence. There was nothing in plaintiff’s evidence to show that defendant Johnson was present at the time of the arrest, or in any wise participated in it, or even knew of it until after it was made. The court erred in its instructions to the jury on the part of plaintiff, and in refusing instructions asked by defendant. As the principals were acquitted Johnson cannot be held liable, when nothing was done by his direction. This is a civil case, and, as at common law, if the principal…
1Opinion of the Court
Henry, J.—This
suit is for assault and false imprisonment. The plaintiff resided about two miles and a half from the town of Montrose, and went to the town to procure medi cines for his wife, and when on his way home was arrested in a street of the town by defendants, Cannon and McDonald and forcibly and rudely taken to the calaboose, where he was locked up for about an hour. He testified that after he had been confined in the calaboose, as above stated, he was taken before Blew, one of the defendants, who was mayor of the town, who discharged him and he went home, but returned the same…
2Cases cited1 opinion
- McMannus v. LeeSupreme Court of Missouri · 1869
3Cited by23 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Gray v. McDonaldSupreme Court of Missouri · 1891
- Lamb v. HarbaughCalifornia Supreme Court · 1895
- Harbison v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1931
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