Kerr v. Martin
Hawaii Supreme Court
Writ op Error. The second count sets forth a cause of action on the case in that portion where it is alleged that, “in pursuance of the command in * * * the warrant,” the officers did the injuries complained of, “If the injury were committed through the medium of and under regular process, as in the case of a malícious arrest or prosecution, although such injury were forcible and' immediate, yet the remedy must be Case;” 1 Oh. PI. 145, 16th Am.
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Writ op Error. The second count sets forth a cause of action on the case in that portion where it is alleged that, “in pursuance of the command in * * * the warrant,” the officers did the injuries complained of, “If the injury were committed through the medium of and under regular process, as in the case of a malícious arrest or prosecution, although such injury were forcible and' immediate, yet the remedy must be Case;” 1 Oh. PI. 145, 16th Am. Ed.; and also where it avers, “insult, humiliation and terror of his wife,” and, “ that he * * * suffered great distress and terror and the most…
1Opinion of the Court
Opinion of the Court, by
Preston, J.
The defendant in error sued the plaintiff in error in this Court in an action designated “Trespass.” The first count in the petition was for the malicious prosecution and arrest of the defendant in error without probable cause, on a charge of embezzlement of certain pieces of cloth and satin, the property of the plaintiff in error, and claimed $5000 as damages. A second count was for maliciously and without probable cause obtaining a search warrant to search the defendant’s (in error) house for the same goods, and alleged that in pursuance of the command in…
2Cases cited6 opinions
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Lovett v. PellCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cooper v. BissellNew York Supreme Court · 1819
- Benson v. SwiftMassachusetts Supreme Judicial Court · 1806
- Executors of Van Rensselaer v. Executors of PlatnerNew York Supreme Court · 1800
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3Cited by2 opinions
- De Arruda v. MortonHawaii Supreme Court · 1905
- Kahului Railroad v. Hawaiian Commercial & Sugar Co.Hawaii Supreme Court · 1899