Coupal v. Ward
Massachusetts Supreme Judicial Court
Tobt. In the first count of the declaration the plaintiff alleged that “ the defendant made an assault upon him, and forcibly took him from his house, and put him in prison, and kept him imprisoned for the space of three days.”
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Tobt. In the first count of the declaration the plaintiff alleged that “ the defendant made an assault upon him, and forcibly took him from his house, and put him in prison, and kept him imprisoned for the space of three days.” In the second count he alleged that “ the defendant falsely and maliciously accused him of the crime of obtaining goods from the defendant by means of false pretences, and upon and by reason of said accusations and a complaint sworn out by him, the defendant had him arrested and imprisoned and so kept imprisoned for the space of three days.” At the trial in the…
1Opinion of the CourtChapman, C. J.
The first count is for assault and battery and false imprisonment. But the plaintiff’s statement of his case is, that on a complaint of the defendant against him the police court issued a warrant against him, and by virtue of this warrant an officer arrested him, brought him before the magistrate, and kept him in custody till the magistrate discharged him. Such an arrest and imprisonment does not constitute an assault and battery, for the acts were done by virtue of legal authority.
The second count alleges that the defendant falsely and maliciously accused the plaintiff of obtaining goods…
2Cases cited1 opinion
- City of Worcester v. County CommissionersMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- Mezullo v. MaletzMassachusetts Supreme Judicial Court · 1954
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Hubbard v. LordTexas Supreme Court · 1883
- Wynne v. RosenMassachusetts Supreme Judicial Court · 1984
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