Barker v. Anderson

• Citation: 81 Mich. 508,45 N.W. 1108
• Court: Michigan Supreme Court
• Decision Date: 27 June 1890
• Parties: BARKER v. ANDERSON.

45 N.W. 1108

81 Mich. 508

BARKER v. ANDERSON.

Supreme Court of Michigan

June 27, 1890

Appeal from circuit court, Menominee county; C. B. GRANT, Judge.

B. J. Brown, for appellant.

E E. Osborne, for appellee.

MORSE J.

Ths is an action for false imprisonment. Anderson was mayor of the city of Iron Mountain, and made complaint against Barker before a justice of the peace. Upon this complaint Barker was arrested, tried, found guilty, and fined $20 and costs, or 30 days' imprisonment in the county jail. He was taken to the jail and confined 12 days, when he was released on habeas corpus. Before he went to jail he was locked up in the city lock-up about two hours. The complaint was for peddling without a license from the city of Iron Mountain. This suit was originally commenced against the city of Iron Mountain and Anderson jointly. It was finally discontinued against the city, and the trial proceeded against Anderson alone, resulting in verdict and judgment against him for $1,000. On the trial no attempt was made to justify the arrest and imprisonment, and no testimony was offered on the part of the defense. The plaintiff testified substantially that he was arrested in April, 1889, in the city of Iron Mountain, by a person whom he thinks was a police officer, and was taken before one David Bergeron, a justice of the peace. He asked to have the case continued until the next day, which was granted. Afterwards, in the course of an hour or so, he went back and said: "I have changed my mind, and if it is convenient I will proceed at once with the trial," and it was done. The complaint was signed by Andrew E. Anderson, and plaintiff was told that he was mayor of the city. It was not shown that Anderson had anything to do with the proceedings except to make the complaint. Bergeron, the justice, was sworn on behalf of the plaintiff, and testified that Anderson made the complaint that he, the justice, found him guilty, and committed him to the county jail for 30 days, in default of the payment of the fine of $20 and costs. Plaintiff testified that the officer who arrested him said he had a warrant for him, and that is all he knew about it. It appears from this testimony that there was a complaint of some kind made by defendant Anderson, and probably a warrant based upon the complaint, a trial, conviction, and commitment growing out of this complaint. What the complaint was, or the form of it, we are not informed, save that it was for peddling without a license from the city of Iron Mountain. That the plaintiff was deprived of his liberty, and humiliated and imprisoned, is certain. The judge instructed the jury that the plaintiff made out his case by showing the arrest and imprisonment; that it was then the duty of the defendant, if he had any justification, to show it. "He has not done so, so that he stands here as liable for the false imprisonment, and the only question for you, therefore, is to assess the damages."

The allegations of error are: First. That the court erred in stating that the plaintiff made out his case by showing the arrest and imprisonment, as above quoted. Second. In charging the jury as follows "The only evidence we have is that he, as mayor of the city, made complaint. Having therefore started the criminal prosecution, he is responsible for all its consequences." Third. In refusing to direct a verdict for the defendant. Fourth. In refusing to allow the plaintiff to answer the following question: "Did you have sufficient funds with you to pay the fine?" As a general proposition, it must be admitted that it is only...