Page v. Mitchell
Michigan Supreme Court
Error to Ionia Circuit. This was an action for false imprisonment. Plea, the general issue with notice of matter in justification. The case was tried by a jury, who returned a verdict for the plaintiff and assessed him damages at one dollar.
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Error to Ionia Circuit. This was an action for false imprisonment. Plea, the general issue with notice of matter in justification. The case was tried by a jury, who returned a verdict for the plaintiff and assessed him damages at one dollar. The facts were substantially as follows: On the 26th day of April, 1862, A. F. Bell made complaint before the defendant, who was a Justice Of the Peace, against one Giles B. Conkey, for selling liquor in violation of law, and asked for a subpoena for witnesses to support the complaint. • The defendant accordingly issued a subpoena for the plaintiff, which…
1Opinion of the Court
Camebeel, J.:
Plaintiff sued defendant 'for causing him to be arrested; *68and imprisoned for refusing to testify before him under a void complaint, which, as we held in ex parte Morton 10 Mich, R., 208, gave defendant no jurisdiction to make the inquiry. Plaintiff having been arrested and placed in the custody of the sheriff at the-jail, was not locked in the cell which was given him as a sleeping room, and was allowed to visit freely the sheriff’s apartments, being - only restrained from leaving the jail yard. The Court instructed the jury that if they believed ’this, plaintiff could only…
2Cited by4 opinions
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- Pasternacki v. O'ReillyMichigan Supreme Court · 1921
- Salo v. SmithCalifornia Court of Appeal · 1914