Williams v. Planters' Insurance Co.
Mississippi Supreme Court
Error to the Circuit Court of Lauderdale County. Hon. J. S. Hamm, Judge, having been of counsel, J. C. Roberts acted as judge, pro hae vice.
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Error to the Circuit Court of Lauderdale County. Hon. J. S. Hamm, Judge, having been of counsel, J. C. Roberts acted as judge, pro hae vice. The plaintiff in error filed against the Planters’ Insurance Company and two other insurance companies a declaration containing the four following counts: Q^that the defendants, intending to injure and oppres^JJie plaintiff and have him imprisoned, did wjjj^aut ^gbable cause, on Feb. 12, 1876, procure to be issued by á C“b?ncellor and Conservator of the Peace, a warrant for'-fe/apprahensioii upon a charge of the capital crime of arson in- procuring a…
1Opinion of the CourtCampbell, J.
The objection to the declaration for misjoinder is not well taken. We have compared the declaration with approved precedents of declarations in case for malicious prosecution,’ and it conforms to them. The averment of the imprisonment of the plaintiff, in consequence of the malicious prosecution, did not convert the action into trespass for false imprisonment, even under the absurd refinements of the common law pleaders in their subtle distinctions between trespass vi et armis and case.
The real question of substance presented by the demurrer is, whether a corporation aggregate is liable to an…
2Cases cited4 opinions
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Goodspeed v. East Haddam BankSupreme Court of Connecticut · 1852
- New Orleans, Jackson, & Great Northern Railroad v. BaileyMississippi Supreme Court · 1866
- Copley v. Grover & Baker Sewing-Mach. Co.U.S. Circuit Court for the District of Southern Alabama · 1875
3Cited by19 opinions
- Pennsylvania Co. v. WeddleIndiana Supreme Court · 1885
- Richberger v. American Express Co.Mississippi Supreme Court · 1895
- Reed v. Home Savings BankMassachusetts Supreme Judicial Court · 1881
- Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
- Wachsmuth v. Merchants' National BankMichigan Supreme Court · 1893
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