Thompson v. Whipple
Supreme Court of Arkansas
•APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. Action for assault and battery and false imprisonment. The court overruled a demurrer to the answer. Plaintiff rested and appealed. The substance of the answer is stated in the opinion. The council is a deliberative body, with certain well-defined legislative functions. They have the right to determine their own rules of procedure, etc. Mansf.
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•APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. Action for assault and battery and false imprisonment. The court overruled a demurrer to the answer. Plaintiff rested and appealed. The substance of the answer is stated in the opinion. The council is a deliberative body, with certain well-defined legislative functions. They have the right to determine their own rules of procedure, etc. Mansf. Dig., sec. 806, 823. No statutory authority in the premises is conferred upon the mayor, beyond that to preside over the deliberations of the body{ib., sec. 807); and if he had any such power…
1Opinion of the CourtHemingway, J.
The answer admits the imprisonment of 1 the plaintiff, and seeks to justify it. The defendants, Whipple and Botsford, were respectively the mayor and chief of) police of the city of Little Rock, and the plaintiff was an alderman of the city. By virtue of their offices the plaintiff I was a member of the city council, defendant Whipple its Í president, and defendant Botsford its executive officer. The circumstances of justification set up i'n the answer are] that the plaintiff, at a meeting of the city council, “ conducted himself in an unparliamentary, disorderly, boorish! and insulting…
2Cases cited1 opinion
- Parsons v. BrainardNew York Supreme Court · 1837
3Cited by2 opinions
- Young v. GormleySupreme Court of Iowa · 1903
- Casey v. CaseySupreme Court of Arkansas · 1920