Blackman v. Simpson

• Decision Date: 05 June 1899
• Citation: 120 Mich. 377,79 N.W. 573
• Court: Michigan Supreme Court
• Parties: BLACKMAN v. SIMPSON.

79 N.W. 573

120 Mich. 377

BLACKMAN v. SIMPSON.

Supreme Court of Michigan

June 5, 1899

Error to circuit court, Grand Traverse county; Roscoe L. Corbett Judge.

Action by William Blackman against Oscar Simpson. Judgment for defendant, and plaintiff appeals. Affirmed.

Underwood & Umlor, for appellant.

Pratt &amp Davis, for appellee.

MOORE, J.

The plaintiff brought this action against defendant to recover for false imprisonment. The circuit judge directed a verdict in favor of defendant. The plaintiff brings the case here by appeal.

July 24, 1897, James Days made a complaint against the plaintiff before Mr. Chase, a justice of the peace. The justice issued a process for the arrest of the plaintiff. It was placed in the hands of Mr. Wyckoff, a constable, who arrested the plaintiff, and brought him before the magistrate, where such proceedings were had. The magistrate issued a commitment to the constable, who took the plaintiff about 20 miles to the county jail, and delivered him, at 8 o'clock on the morning of July 25th, to the sheriff, the defendant in this case. The sheriff had plaintiff in custody until about 5 o'clock the next day, when he was discharged. It is conceded the proceedings before the magistrate were void. In December, 1897, the plaintiff sued the complaining witness the magistrate, and the constable in an action of false imprisonment. He filed a declaration in the case, in which the foregoing facts were set up, and stated the false imprisonment continued until about 8 o'clock on the morning of July 25th, and that, because of these acts, he had been damaged in reputation, and disgraced among his neighbors and other citizens, and suffered great anxiety and pain of body and mind, and that he had been hindered about his business for a long time, to wit, "for the space of two days, and the plaintiff has been and is greatly injured by the said premises in his good name, fame, credit, and reputation on and by reason of the stigma cast upon him by said illegal unjust, and unwarrantable and void proceedings and false imprisonment inflicted on him, as aforesaid, by the defendants, and each of them, whereby the said plaintiff says he has sustained damages, and is damaged and injured, to the amount of five thousand dollars, and therefore he brings suit," etc. The plaintiff recovered a judgment, which was paid in full to the clerk of the court, and by him to the plaintiff. After this payment was made, the plaintiff commenced this suit for false imprisonment against Oscar Simpson, who was the sheriff at the time plaintiff was detained in the jail. In his declaration he set up substantially the same state of facts that he had narrated in the former declaration. In addition thereto, he stated he was imprisoned by defendant from about 8 o'clock on the morning of July 25th, and that the false imprisonment perpetrated by defendant continued until about the hour of 5 o'clock in the evening of July 26th. He claimed, as the result of said false imprisonment, he had been damaged in reputation, and disgraced among his neighbors, and suffered anxiety and pain of body and mind, and been hindered in his business for a long space of time, to wit, "for the space of four days, and the plaintiff has been and is greatly injured by the said premises in his good name, fame, credit and reputation on and by means of the stigma cast upon him by said false imprisonment inflicted on him, as aforesaid, by the said defendant, whereby the plaintiff says he has sustained damages, and is injured to the amount of five thousand dollars, and therefore he brings suit." The defendant pleaded the former suit, judgment, and satisfaction thereof in bar to this suit. The circuit judge held the plea to be good. It is the claim of the plaintiff that, as in the first case, he stated the false imprisonment continued until 8 o'clock on the morning of July 25th, while in this case ...