Quinn v. Heisel
Michigan Supreme Court
Error to Kent. Trespass by Heisel against Quinn for an assault and battery. Quinn claimed to be a policeman of Grand Rapids, . and gave evidence to show that the alleged assault consisted in forcibly arresting Heisel under a city ordinance, for disorderly conduct towards a number of laborers who were laying side track in front of his house.
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Error to Kent. Trespass by Heisel against Quinn for an assault and battery. Quinn claimed to be a policeman of Grand Rapids, . and gave evidence to show that the alleged assault consisted in forcibly arresting Heisel under a city ordinance, for disorderly conduct towards a number of laborers who were laying side track in front of his house. There was testimony that he used profane and abusive language to them, swore he would kill some of them, approached them with an axe, threatened to cut their heads off, and raised the axe as if he was about to strike one of them. He resisted arrest, and in…
1Opinion of the CourtMarston, J.
A careful examination of the record fails to show that plaintiff in error has any cause of complaint. The court certainly charged the jury, as to the right of an officer to make arrests without warrant for breaches of the peace, as favorably as common law rules would warrant, and we are not at present prepared to say that an ordinance of the city of Grand Eapids could authorize arrests without process in cases not justified by common law principles. The evidence on the part of the plaintiff tended to show that at the time of the arrest there was no disturbance, either actual or threatened,…
2Cited by27 opinions
- State v. MobleySupreme Court of North Carolina · 1954
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- Pinkerton v. VerbergMichigan Supreme Court · 1889
- Allor v. Board of AuditorsMichigan Supreme Court · 1880
- In re WayMichigan Supreme Court · 1879
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