Legal Opinion · Dissent

Bergin v. Temple

Montana Supreme Court

Decided March 15, 1941No. 8,141Published

1Dissent

Mr. Justice Angstman :

I dissent. False imprisonment is the unlawful restraint by one person of the physical liberty of another. (22 Am. Jur., False Imprisonment, see. 2.) When such restraint occurs in more than one county by one continuous act, I think venue may be in either county under section 9094, Revised Codes.

I agree with the statement made by the supreme court of Idaho in the case, of Haffner v. United States F. & G. Co., 35 Ida. 517, 207 Pac. 716. In that case the arrest was made in Bannock county and plaintiff was taken to Power county and placed in jail. The action was brought in…

2Cases cited4 opinions

  1. Haffner v. United States Fidelity & Guaranty Co.Idaho Supreme Court · 1922
  2. Enos v. American Surety Co. of New YorkMontana Supreme Court · 1933
  3. Ellis v. BakerAppellate Division of the Supreme Court of the State of New York · 1901
  4. Shugart v. CruiseCourt of Appeals for the Fourth Circuit · 1919

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