Harrison v. City of Columbus
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. Harrison sued the city of Columbus for damages for an illegal arrest and false imprisonment by the marshal and mayor, alleging’ that, on May 8, 1873, lie “ was wantonly arrested by the marshal and banished -from the northern portion of the-city, of Columbus to the central portion there-of, a distance of one-half mile, -and' while in lonely exile the said marshal positively forbade his-return that said…
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Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. Harrison sued the city of Columbus for damages for an illegal arrest and false imprisonment by the marshal and mayor, alleging’ that, on May 8, 1873, lie “ was wantonly arrested by the marshal and banished -from the northern portion of the-city, of Columbus to the central portion there-of, a distance of one-half mile, -and' while in lonely exile the said marshal positively forbade his-return that said illegal arrest was without complaint, and inaliciously made; that “ he; was imprisoned’ without ’ due course of -law, and…
1Opinion of the Court
Ireland, Associate Justice.
There are some cases in which municipal governments (cities) may he held liable in damages for the wrongful acts of their officers, hut the case made in the pleading before us is not one of them.
We do not decide (because not necessary) whether there is any mode of appeal from mayors’ courts; but a judgment before one of those courts can only be reviewed in an appellate tribunal, unless their action should prove to be a *421nullity, in which event it could he attacked in any collateral way that it might present itself. If there was no authority in the mayor and marshal…
2Cited by13 opinions
- Whitfield v. City of ParisTexas Supreme Court · 1892
- Elrod v. City of Daytona BeachSupreme Court of Florida · 1938
- Hershberg v. City of BarbourvilleCourt of Appeals of Kentucky · 1911
- Tompkins v. WilliamsTexas Commission of Appeals · 1933
- Black v. BakerTexas Supreme Court · 1938
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