Wallner v. Fidelity & Deposit Co. of Maryland

The appellant was placed under arrest under the circumstances set forth in the above statement of facts. It may be understood that those responsible for the arrest were not acting in any other manner or prompted by any other motive, than to perform their duties as sheriff and police officials.

The obligation of an official is twofold, to apprehend the person named in the warrant and to avoid interfering with one not involved. The rule is that where an authority given by law is exceeded, the officer loses the benefit of his justification, and the law holds him a trespasser ab initio although to…