Hickey v. Huse
Supreme Judicial Court of Maine
On Report. Trespass for false imprisonment. The writ was dated Dec. 11, 1866, alleging that the defendant with force and arms arrested the plaintiff, against his will, on Sept. 10, 1864, carried him to Portland, and then and there, as well as in sundry other places, restrained him of his liberty until Oct. 8, 1864, &c.
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On Report. Trespass for false imprisonment. The writ was dated Dec. 11, 1866, alleging that the defendant with force and arms arrested the plaintiff, against his will, on Sept. 10, 1864, carried him to Portland, and then and there, as well as in sundry other places, restrained him of his liberty until Oct. 8, 1864, &c. It appeared that the plaintiff was a private in Co. E, 29 Maine Volunteers, was wounded April 8, 1864, at the battle of Sabine Cross-roads, and was sent to Portsmouth Grove Hospital in R. I., where he received a furlough for twenty days, dated Aug. 19, 1864, which expired on…
1Opinion of the CourtAppleton, C. J.
— The plaintiff was' enlisted and mustered into the military service of the United States. Having been wounded he obtained a furlough. After its expiration, he procured a certificate from a surgeon resident in this county, that he was physically unable to return to duty. Regarding that certificate in the light of an extended furlough, he did not return to duty. He was thereupon, on 10th Sept., 1864, arrested by the defendant, acting under the express direction of the provost marshal of the first *495district of Maine, by whom he was transferred to the provost marshal of the State, at Augusta.
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2Cases cited1 opinion
- United States v. EliasonSupreme Court of the United States · 1842
3Cited by1 opinion
- Nye v. DanielsSupreme Court of Vermont · 1902