Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana by Horace E. Carter (Volume 95) baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884. Excerpt: ... Wiltse v. Holt. No. 11,402. Wiltse P. Holt. False Imprisonment.--Justification.--Marshal.--Constable.--To an action for false imprisonment against a marshal or constable, an answer, that the defendant found the plaintiff on the street intoxicated, and having just assaulted a citizen, and arrested and detained him three hours until he became sober, when a criminal charge was regularly made before a justice, and the plaintiff fined, etc., is good on demurrer. From the Rush Circuit Court. W. A. Cullen and B. L. Smith, for appellant. J. Q. Thomas and J. J. Spann, for appellee. Niblack, J.--Action by Drury Holt, Jr., against Oliver Wiltse, Nathan J. Foust and J. Murray Rawls, for false imprisonment. Wiltse answered separately in three paragraphs. The second paragraph was in general denial, and the first and third set up special matters in defence, to which demurrers were severally sustained. The plaintiff' obtained a verdict and judgment against Wiltse for the sum of 8198, but failed in his action against Foust and Rawls. Wiltse, appealing, complains only of the decisions of the circuit court sustaining demurrers to the first and third paragraphs of his answer. The first paragraph averred that on the 24th day of November, 1882, the time at which the appellee complained that he was unlawfully arrested and imprisoned, he, the said defendant Wiltse, was the duly elected, qualified and acting marshal of the town of Carthage, an incorporated town of the county of Rush, in this State; that on that day the appellant found the appellee within the corporate limits of said town in a state of intoxication; that not to exceed two minutes before the appellant had so found the appellee, the latter had entered the office of one Bogart, in said town of Carthage, and assaulted...