Newby v. Gunn
Texas Supreme Court
Appeal from Lamar. Tried below before Hon. D. H. Scott. Appellant was arrested by appellee J. A. Boothe, deputy sheriff of Lamar County, under instructions from appellee W. T. Gunn, sheriff of that county. After arrest appellees confined appellant in jail and there detained him four days without having carried him before a magistrate or giving him an opportunity to give bail for his appearance.
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Appeal from Lamar. Tried below before Hon. D. H. Scott. Appellant was arrested by appellee J. A. Boothe, deputy sheriff of Lamar County, under instructions from appellee W. T. Gunn, sheriff of that county. After arrest appellees confined appellant in jail and there detained him four days without having carried him before a magistrate or giving him an opportunity to give bail for his appearance. There was no warrant or order for the arrest, but the same was made apparently on the strength of a telephone message from Honey Grove sent to Boothe, and at his request, by one Smith, hotel keeper;…
1Opinion of the Court
Acker, Presiding Judge.
Appellant brought this suit against appellees to recover damages for false imprisonment, and alleged that he was arrested by appellees without warrant, order, or legal authority, and without any examination was confined in jail by appellees for four days during extremely cold weather, which caused serious injury to his health, good name, and feelings.
The answer of appellees admitted the arrest and confinement as alleged, and pleaded in justification that the arrest was made on informatian received from a reputable citizen that plaintiff was suspected and was guilty of…
2Cited by4 opinions
- Heath v. BoydTexas Supreme Court · 1943
- Keefe v. HartMassachusetts Supreme Judicial Court · 1913
- Karner v. StumpCourt of Appeals of Texas · 1896
- Childress, JasonCourt of Appeals of Texas · 2015