Yingling v. Hoppe
Court of Appeals of Maryland
Appeal from Carroll county court. The appellant, (ihe plaintiff below,) brought his action against the appellee, (the defendant below.) The declaration contains two counts.
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Appeal from Carroll county court. The appellant, (ihe plaintiff below,) brought his action against the appellee, (the defendant below.) The declaration contains two counts. The 1st charges that the defendant, on, &c., with force and arms, at, &c., made an assault upon the plaintiff, and seized and forcibly pdlled and dragged him out of a certain store house at, &c., and forced and obliged him to go to the court house at, The defendant pleaded two pleas: 1st Not guilty, and 2nd, a plea of justification, averring that at the time of the supposed trespass, he, (the defendant,) was sheriff of…
1Opinion of the CourtMagruder, J.
This action was brought by the appellant in Carroll county court. It is certainly an action of tresspass vi et armis and brought to recover damages done to the person of the plaintiff. It is to be regarded as an action of assault and battery, or perhaps rather of false imprisonment.
The second plea is a” plea of justification, and tells us that the defendant was at the time the sheriff of the county, and had in his hands process which required him to arrest the plaintiff. The replication certainly is faulty: it finds the plaintiff’s cause of action in a refusal by the defendant to take a bail…
2Cited by1 opinion
- Babylon v. DutteraCourt of Appeals of Maryland · 1899