Legal Opinion

Gardner v. Couch

Michigan Supreme Court

Decided July 27, 1904No. Docket No. 6Published

Case made from Chippewa; Steere, J. Case by Charles Gardner against John A.- Couch for false imprisonment. There was judgment for defendant,, and plaintiff assigns error.

1Opinion

ON MOTION FOR REHEARING.

2Per curiam

This is an action of false imprisonment. It appears from the testimony that plaintiff was arrested December 1, 1902; remained in custody until December 8th, was then tried, convicted, and sentenced to imprisonment for 60 days. In disposing of this case we held that it must be presumed, under the charge of the court, that the jury found that the plaintiff pleaded guilty, and therefore that he could not recover in this case. By this application for a rehearing appellant represents that this disposition of the case did not determine his contention that his imprisonment…

3Cases cited7 opinions

  1. In re WayMichigan Supreme Court · 1879
  2. Beecher v. AndersonMichigan Supreme Court · 1881
  3. Wheaton v. WhittemoreMichigan Supreme Court · 1882
  4. Stensrud v. DelamaterMichigan Supreme Court · 1885
  5. LaRoe v. RoeserMichigan Supreme Court · 1860

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