Wheaton v. Whittemore
Michigan Supreme Court
Error to the Superior Court of Detroit. Case for false imprisonment. Defendants bring error.
1Opinion of the CourtMjjrston, J.
I do not understand that the material questions raised in this case were disposed of in Beecher v. Anderson 45 Mich. 543.
In that case a discretionary writ was asked for and refused,, under all the circumstances then appearing. In the present case very different considerations are presented.
An officer to whom a criminal warrant is delivered by a magistrate may be indicted for refusing -to serve or return the same. 1 Bish. Crim. Law § 350. If no cause or an insufficient cause appear therein and the person accused resists and kills the officer, then, according to the extent of' the authority of…
2Cases cited27 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- Evanston v. GunnSupreme Court of the United States · 1879
- Marston v. . GouldNew York Court of Appeals · 1877
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- Gilbert v. KennedyMichigan Supreme Court · 1871
22 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Brown v. HadwinMichigan Supreme Court · 1914
- Haskins v. RalstonMichigan Supreme Court · 1888
- Tryon v. PingreeMichigan Supreme Court · 1897
- Marks v. SullivanUtah Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.