Bryan v. Comstock
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochrcm, Judge; 1. The evidence was not legally sufficient to send the case to a jury, and the court should, as matter of law under the undisputed facts, directed a verdict for defendant, as defendant was not liable in damages for the arrest. The court erred in refusing the instructions asked by defendant.
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Appeal from Crawford Circuit Court; James Cochrcm, Judge; 1. The evidence was not legally sufficient to send the case to a jury, and the court should, as matter of law under the undisputed facts, directed a verdict for defendant, as defendant was not liable in damages for the arrest. The court erred in refusing the instructions asked by defendant. The common law still prevails here, and a peace officer may arrest without a warrant one who commits a breach of the peace in his presence. 11 R. C. L. 800-801; 62 Ohio St. 500; 78 Am. St. Rep. 738; 3 Cyc. 895-6; 62 Pa. Sup. Ct. 299; 107 Ark. 102;…
1Opinion of the CourtSmith, J.
Appellant was deputy constable of Van Burén Township, Crawford County, and on the Mght of September 21, 1918, arrested appellee upon the alleged false charge of being drunk, and of running his automobile without headlights, and this suit was brought to recover damages on that account. There was a verdict and judgment for $500’, from which comes this appeal.
"When appellee was arrested he was carried to jail, and the charge then preferred against him was that of being drunk, but it is not now claimed that he was drunk, and no justification of appellant’s action is made on that ground.
It is…
2Cases cited6 opinions
- Malcolmson v. GibbonsMichigan Supreme Court · 1885
- Moses v. StateCourt of Appeals of Georgia · 1909
- Linnen v. BanfieldMichigan Supreme Court · 1897
- Markey v. GriffinAppellate Court of Illinois · 1903
- Wiggins v. NortonSupreme Court of Georgia · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sheffield v. Reece, SheriffMississippi Supreme Court · 1947
- Moran v. City of BeckleyCourt of Appeals for the Fourth Circuit · 1933
- State v. BrowningSupreme Court of Arkansas · 1944
- State v. MasonPennsylvania Court of Common Pleas · 1924