Norton v. Mathers
| Decision Date | 09 February 1937 |
| Docket Number | 43727. |
| Citation | 271 N.W. 321,222 Iowa 1170 |
| Parties | NORTON v. MATHERS et al. |
| Court | Iowa Supreme Court |
Appeal from District Court, Washington County; D. W. Hamilton Judge.
Suit for damages for false arrest and false imprisonment. Motion for directed verdict made by defendants. Sustained. Plaintiff appeals.
Reversed.
Ralph H. Munro, of Fairfield, for appellant.
Comfort & Comfort and James P. Irish, all of Des Moines, and T. L. Brookhart and Carlton C. Wilson, both of Washington Iowa, for appellees.
Plaintiff appellant herein, filed suit in the district court of Washington county, Iowa, against Daryl C. Mathers, as sheriff of said county, for false arrest and false imprisonment in the county jail at Washington, Iowa, from the 12th of September, 1934, to the 15th of said month, stating that he had suffered and sustained damages to his reputation, shame, and mental suffering, loss of time, and expenses, in the total sum of $5,000, no part of which had been paid. He alleged his arrest was without any warrant, and without just cause, and that he had committed no offense in the presence of the sheriff, or at any other time.
In his petition plaintiff alleged that when the defendant Daryl C. Mathers became sheriff of Washington county, Iowa, on or about the 4th of August, 1934, he posted a bond with the county auditor of said county in the penal sum of $5,000, with the Massachusetts Bonding & Insurance Company as surety; said bond conditioned that Mathers would faithfully and impartially discharge the duties of his office as required by law; that the said arrest and imprisonment were willful, wanton, and without just cause, and constituted oppression in office by the said defendant Mathers.
In answer to plaintiff's petition, the defendants admitted defendant Mathers gave a bond as sheriff of Washington county, Iowa, with the defendant Massachusetts Bonding & Insurance Company as surety; that on or about the 12th of September, 1934, while sheriff, the said Mathers arrested plaintiff and placed him in the county jail where he remained until the 15th of September, 1934; but they denied that said arrest and imprisonment were done in a willful, wanton, or offensive manner or without just cause, but that the sheriff acted in good faith in the belief that he was performing the duties of his office. That he had just cause to believe and did in good faith believe that the plaintiff was guilty of stealing a large amount of property from Washington county, Iowa, and that said property was found in plaintiff's possession on the farm he occupied, at the time of his arrest.
In a second amendment to their answer, the defendants alleged that upon plaintiff's confinement in the jail the plaintiff was informed by the sheriff that he could have an immediate preliminary hearing, but that the grand jury was then in session and investigating his case, and that, under the circumstances, the magistrate would no doubt bind him over to the grand jury should a hearing be had before him; that plaintiff stated he did not want to be taken before a magistrate, but would await the action of the grand jury, and that plaintiff thereby voluntarily remained in the custody of the sheriff up to the 15th of September, 1934, when the grand jury returned no indictment against him. The defendants alleged that thereby the plaintiff waived his right to any cause of action againt the defendants for his detention, and is estopped from claiming damages therefor. Such were the issues made by the parties. It will thus be seen that by the pleadings defense set up was merely a justification on the part of the defendant. There was no plea whatever in mitigation, such as is provided for in sections 11172 and 11173.
Daryl C. Mathers, defendant, was called by plaintiff to testify, and testified that in August, 1934, he took office as sheriff of Washington county, and continued to hold office until a few days after the election of the same year; that he first became acquainted with Milton Norton, plaintiff, September 12, 1934, while he was living on a farm in Van Buren county; that he caused plaintiff's arrest; that he had been detained by the sheriff at Albia; that he went to Albia and arrested plaintiff, who was in his own car; that Mathers told plaintiff to drive his car to Washington, told him where to turn, and brought him to the sheriff's office in Washington county, and took him to jail, on the evening of September 12, 1934; that he was kept there until he was released by the grand jury; that he did not know whether any information was filed against the plaintiff.
On cross-examination, sheriff Mathers said that when he got to Albia he found plaintiff there, but not his father, who was attending a sale south of Albia; that the Monroe county sheriff got William Norton and brought him in; that Mathers then told the Nortons he had been down to their farm and had found property belonging to Washington county; and that was the reason he was having them arrested. Mathers said Edgar Porter was with him when he went down to make the arrest and was present in the office when they had these conversations, and he took Porter and William Norton in his car, and directed plaintiff to drive his own car ahead of him to Washington. Mathers claimed that the next morning he discussed the matter with the county attorney, who directed him to go and tell the plaintiff he could have an immediate hearing, but that the grand jury was in session investigating this case and he would know in a day or two or three what the status was, and that in his judgment the evidence in his hands was such that all the magistrate would do would be to bind plaintiff over to the grand jury; that he claims when he told the plaintiff this plaintiff said he did not care for a preliminary hearing before a justice, but would just await the action of the grand jury; that plaintiff never made any demand or request after that for a preliminary hearing before a justice, and he was held in jail until the 15th of September, 1934, and released upon orders of the county attorney. Mathers admitted he did not take plaintiff before any magistrate or justice in Van Buren county, Monroe county, or Washington county.
Plaintiff testified that he lived at Stockport, Iowa, on a farm in Van Buren county, about forty miles from Washington, and was living there in September, 1934, and had been living there since March, 1932. That he had a baby daughter born in July, 1934; that the farm belonged to his father and mother, and he was renting it on a fifty-fifty basis.
Plaintiff testified that on September 12th he went to a cow sale in Albia, and saw the defendant sheriff in Albia about 3 o'clock in the afternoon; that the sheriff directed him to accompany him to Washington; that it was quite dark when they reached there. He testified that he was taken to the sheriff's office in Washington, and plaintiff's father asked for a hearing, and the sheriff said he would see. Plaintiff was then taken over and put in jail; that the sheriff said nothing to him there, or after they arrived at the jail; that he never talked with the sheriff until a week or so after when he went down with the hired man to see about getting wages while he was in jail; that the only conversation he had with the sheriff was when he told plaintiff about noon he would be released that evening; that no one said to him while he was in jail that he could or could not have a preliminary hearing, and nothing was said to him about the grand jury being in session.
He further testified that when they got back to Washington and went to the sheriff's office he did not demand the sheriff to take him before a magistrate, but his father asked for a hearing. The sheriff said he would go and see, and when he came back he said he got in communication with Morrison but he could not see them until the next morning. Plaintiff stated he was twenty-eight years old.
Plaintiff admitted he had an anvil on the farm for awhile; that it was given him by his father. That on July 18th Harold Putnam, deputy sheriff of Washington county, came down to see him about the anvil, and told plaintiff if he did not get the anvil he would go to jail, so plaintiff claims he borrowed a man's car and went after the anvil. He stated his father had told him to conceal the anvil, but he did not know anything more about it; that there were some other articles on the farm, dynamite, extension ladders, etc., that belonged to his father that were claimed by Washington county, and were taken on the search warrant. He claimed some of the stuff belonged to his father; that it was not in his possession, but had been moved down in July when his folks moved down on the farm. Plaintiff testified that he did not know there was anything there that did not belong to his father. He testified that his father gave him the anvil, and said some old pieces of plank were given to him; that before the anvil was taken away the board of supervisors of Washington county had been down there, that they were talking about the planks and the extension ladders, but did not mention the anvil; they said they thought the things belonged to Washington county. Plaintiff said he knew the ladders did, because they borrowed them several times; that they had been down there and back several times; but he did not know to whom the planks belonged.
Several other witnesses testified in the case, but their testimony was not material on the question now before the court, except as to the plaintiff being in jail.
The defendant had been sheriff for only a short time, having been appointed in August, 1934, and these matters happened in September following. He alleged he found out about the anvil being on the farm from Putnam, the...
To continue reading
Request your trial