Legal Opinion

LaRoe v. Roeser

Michigan Supreme Court

Decided October 13, 1860PublishedCited by 6 opinions

Error to Saginaw Circuit. Action by LaRoe, against Roeser, in trespass for causing plaintiff to be arrested and imprisoned in Saginaw county jail.' Defendant, who is a justice of the peace, justified under the following proceedings: June 14, 1859, Garrett Freeland made complaint against plaintiff, before defendant, as follows: “ State of Michigan, county of Saginaw ss: Garrett Freeland, of Tittabawassee in said county, on his oath complains, that on the 18th day of June,…

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Error to Saginaw Circuit. Action by LaRoe, against Roeser, in trespass for causing plaintiff to be arrested and imprisoned in Saginaw county jail.' Defendant, who is a justice of the peace, justified under the following proceedings: June 14, 1859, Garrett Freeland made complaint against plaintiff, before defendant, as follows: “ State of Michigan, county of Saginaw ss: Garrett Freeland, of Tittabawassee in said county, on his oath complains, that on the 18th day of June, 1859, James LaRoe, Jefferson Chapman, and Joe Hackney, without his, the said Garrett Freeland’s consent, or any other…

1Opinion of the Court

Chuistiancy J.:

It is unnecessary to determine in this case, whether the warrant of arrest was void, though we are inclined to the opinion that it was not. The complaint was sufficient; and the warrant was to answer “ to the complaint of Garrett Pbeeland, of said county,” and the offense is charged to *541have been committed in the house of complainant (and occupied by him). This, together with the venue in the margin, might, perhaps, be considered equivalent to charging the offense as committed in said county. But we give no definite opinion upon this point, as the case does not call for it.

Nor…

2Cited by6 opinions

  1. Wall v. TrumbullMichigan Supreme Court · 1867
  2. Wyatt v. BakerCourt of Appeals of Georgia · 1930
  3. Von Arx v. ShaferCourt of Appeals for the Ninth Circuit · 1917
  4. Bates v. KitchelMichigan Supreme Court · 1910
  5. Larson v. CollinsMichigan Supreme Court · 1917

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