Tillman v. Beard
Michigan Supreme Court
Error to Shiawassee; Smith, J. Case by A. Adelbert Tillman against Abraham L. Beard for false imprisonment. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was a vender of popcorn and peanuts. He had a machine 5 feet 2 inches long, 2i feet wide, and about 5.1-feet high. The machinery was operated by steam generated by a gasoline burner.
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Error to Shiawassee; Smith, J. Case by A. Adelbert Tillman against Abraham L. Beard for false imprisonment. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was a vender of popcorn and peanuts. He had a machine 5 feet 2 inches long, 2i feet wide, and about 5.1-feet high. The machinery was operated by steam generated by a gasoline burner. Plaintiff had obtained permission from a merchant in the village of Morrice to put his stand in the street in front of his store. There was an ordinance prohibiting the exercise of his vocation without taking…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The declaration contains four counts, and alleges assault and battery, false imprisonment, and malicious prosecution.
1. The first arrest, without a complaint and warrant, was illegal. Officers are justified in arresting without a warrant only in cases of felony and breaches of the peace. This is elementary. It is needless to cite authorities. Plaintiff was engaged in no act dangerous to, the public, or liable to cause disturbance upon the streets. The act was not malum in se, but only malum prohibí um *477There was no danger of escape. There was no obstruction in the…
2Cases cited11 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Brooks v. ManganMichigan Supreme Court · 1891
- Gilbert v. EmmonsIllinois Supreme Court · 1866
- Veneman v. JonesIndiana Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Commonwealth v. ReevesSuperior Court of Pennsylvania · 1972
- Smith v. ClarkUtah Supreme Court · 1910
- Gogue v. MacDonaldCalifornia Supreme Court · 1950
- Carroll v. ParryCourt of Appeals for the D.C. Circuit · 1919
- Larson v. FeeneyMichigan Supreme Court · 1917
13 more not listed; retrieve them via the Exa API.