McClannan v. Chaplain
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Princess Anne county, in an action of trespass on the case. Judgment for defendant. Plaintiff assigns error.
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Error to a judgment of the Circuit Court of Princess Anne county, in an action of trespass on the case. Judgment for defendant. Plaintiff assigns error. This is an action of trespass on the case instituted by the plaintiff in error, McClannan, the tenant of a farm in Princess Anne eounty (who will be hereinafter referred to as plaintiff), against the defendants in error (who were special police officers appointed by the court under section 4797 of the Code, and who will be hereinafter referred to as the defendants, or as the defendant officers), seeking to recover compensatory and punitive…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court.
[1] 1. It is true, of course, that unless the defendants’ entry upon the farm of the plaintiff was lawful, because of the authority conferred upon them by law by reason *11of their official positions, and the quest they were upon, they were trespassers and liable for nominal damages at least. 26 R. C.- L., sec. 10, p. 938; 38 Cyc. 996-6.
[2] 2. It is also true that even if the entry of the defendants was lawful, if, after the entry, they, in their conduct, exceeded their authority, by doing some act which…
2Cases cited14 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Weeks v. United StatesSupreme Court of the United States · 1914
- Gouled v. United StatesSupreme Court of the United States · 1921
- People v. MarxhausenMichigan Supreme Court · 1919
- Haywood v. United StatesCourt of Appeals for the Seventh Circuit · 1920
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lowe v. CommonwealthSupreme Court of Virginia · 1985
- State v. GeorgeWyoming Supreme Court · 1926
- Johnson v. CommonwealthSupreme Court of Virginia · 1972
- State v. AngelWest Virginia Supreme Court · 1970
- Patler v. CommonwealthSupreme Court of Virginia · 1970
21 more not listed; retrieve them via the Exa API.