Pooler v. Reed
| Decision Date | 05 January 1882 |
| Parties | PAUL POOLER v. WILLIAM F. REED. |
| Court | Maine Supreme Court |
ON REPORT.
Trespass in which damages are claimed for an alleged illegal arrest of the plaintiff by the defendant, at Bangor, in June, 1880.
Writ was dated December 8, 1880.
The opinion states the material facts.
H. L. Mitchell, for the plaintiff.
Barker, Vose and Barker, for the defendant.
The defendant justifies the arrest and imprisonment of the plaintiff, as constable of Bangor, having a legal mittimus therefor. He thus puts directly in issue his legal capacity as such officer.
His appointment to and acceptance of the office of justice of the peace, after his election and qualification as constable, must be held to be a surrender of the office of constable. Stubbs v. Lee, 64 Me. 195.
He was an officer de facto when he made the arrest, and while acting as such officer, his acts would be valid as to third parties; and as between them his title to the office could not be tried; but when he is a party and justifies his acts as such officer, he must show that he has a legal title to the office. Stubbs v. Lee, 64 Me. 195: Fowler v. Bebee, 9 Mass. 231; Sheehan's Case, 122 Mass. 445; Green v. Burke, 23 Wend. 490; People v. Hopson, 1 Denio 574; Reddle v. Bedford, 7 Serg. & R. 386; Parker v. Luffborough, 10 Serg. & R. 249; Keyser v. McKissan, 2 Rawle 139.
In accordance with the agreement of the parties,
The action must stand for trial.
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Michelsen v. Penney
...Pearce v. Hawkins, supra; Blake v. Sturtevant, 12 N.H. 567, 573; Brewster v. Hyde, 7 N.H. 206; Miller v. Callaway, 32 Ark. 666; Pooler v. Reed, 73 Me. 129; Stubbs v. Lee, 64 Me. 195, 18 Am.Rep. 251; People v. Weber, 89 Ill. 347; Throop, loc. cit.; C.J. loc. cit.; Cf. Gourley v. Hankins, 2 I......
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...v. McGinly, 76 Me. 432; Petersilea v. Stone, 119 Mass. 465, 20 Am. Rep. 335; State v. Carroll, 38 Conn. 449, 9 Am. Rep. 409; Pooler v. Reed, 73 Me. 129; Brown v. Lunt, 37 Me. 423; Belfast v. Morrill, 65 Me. 580. This line of cases has been selected, not only to show the extent to which the ......
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Opinions of the Justices
...held; vacates it as completely as by an accepted resignation. Stubbs v. Lee, 64 Me. 195, 18 Am. Rep. 251, and cases there cited; Pooler v. Reed, 73 Me. 129; State v. Brown, 5 R. I. 1; Com. v. Hawkes, 123 Mass. 525; People v. Common Council of City Brooklyn, 77 N. Y. 503, 33 Am. Rep. 659; Mc......
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