Regan v. Harkey
| Decision Date | 03 June 1905 |
| Citation | 87 S.W. 1164 |
| Parties | REGAN v. HARKEY et al.<SMALL><SUP>*</SUP></SMALL> |
| Court | Texas Court of Appeals |
Appeal from District Court, Hunt County; R. L. Porter, Judge.
Action by B. L. Harkey against J. P. Regan and others. From a judgment for plaintiff, defendant Regan appeals. Affirmed.
Looney & Clark, for appellant. Sherrill & Hefner, for appellees.
The statement of the case is taken from appellant's brief: This suit was brought by B. L. Harkey against appellant, J. P. Regan, the Western Union Telegraph Company, and Mrs. L. A. Regan, appellant's wife. The first count in the petition alleged that Mrs. Regan was the agent of the telegraph company, and as such, while acting within the scope of her authority, maliciously and without any cause directed and procured the arrest and search of plaintiff by a deputy sheriff of Hunt county, and prayed for $1,000 actual and $950 exemplary damages against the telegraph company alone. By the second count it was alleged that appellant and Mrs. J. P. Regan unlawfully, willfully maliciously, and without probable cause accused plaintiff of the crime of theft of money from the telegraph company and from themselves; that in pursuance of said false and malicious charges, and with the intent to injure plaintiff, said defendants did direct, cause, and procure plaintiff to be illegally and unlawfully arrested, searched, and imprisoned on said false charge; that said illegal arrest and search was made by one Will Green, a deputy sheriff of Hunt county, Tex., at the special request of said defendants and in their presence; that plaintiff was arrested, his person, clothing, and room searched by said officer at the instance and procurement of said defendants, without any legal complaint having been filed against him, and without any warrant having been issued for his arrest, and said defendants knew at the time they directed and requested said officer to arrest plaintiff that no complaint had been filed against him and that no warrant had been issued. It was also alleged that appellant and his wife caused the charge to be investigated by the grand jury, and voluntarily went before that body, and wickedly and maliciously tried to have the plaintiff indicted. There was no evidence introduced on the trial to sustain his last allegation, and the same will not be further noticed. The prayer was against appellant and his wife for the same amount as prayed for in the first count against the telegraph company. All of the defendants answered jointly, (1) by plea in abatement on account of misjoinder of parties and causes of action; (2) general demurrer; (3) general denial; and (4) that the telegraph company was not liable, in that it neither committed nor authorized the commission of the acts complained of, and that if it should be held liable then its codefendants were liable to it. The case was tried by the court without a jury on the 21st day of November, 1904, and judgment rendered against appellant, J. P. Regan, for $200 and in favor of Mrs. Regan and the telegraph company. J. P. Regan prosecutes this appeal.
The effect of the various assignments of error is that the judgment is not supported by the evidence. The evidence shows that appellant was ticket agent of the Midland Railroad and his wife agent of the telegraph company at Greenville, Tex. The appellee worked for the express company, and all officed in the same building. Mrs. Regan kept a small sum of money in a leather pouch, which was placed in a wooden case or cupboard in the telegraph office. For some time she had been missing money from the pouch. She sent for an officer, who came, and she and appellant explained the situation, and it was then and there agreed between them that some...
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Ferguson v. Simmons
...authority to search for a concealed pistol and is liable in damages. Sec. 11, Art. 2, Missouri Constitution; 35 Cyc. 1275-6; Regan v. Harkey, 87 S.W. 1164; See 3 L. R. Ann. 1517; Re Swan, 150 U.S. 637; State v. Gartland, 263 S.W. 165. (8) The court should disregard testimony of a witness wh......
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Heath v. Boyd
...others. See McBeath v. Campbell, Tex.Com.App., 12 S.W.2d 118; Karner et al. v. Stump, 12 Tex.Civ.App. 460, 34 S.W. 656; Regan v. Harkey, 40 Tex.Civ.App. 16, 87 S.W. 1164, error refused; Jones v. State, Tex.Civ.App., 109 S.W.2d 244; Clement et al. v. Emmons, Tex.Civ.App., 170 S.W.2d 610, err......
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Ferguson v. Simmons
...charge has been made by a reliable and credible third party. Sec. 55, pp. 43-44, Kelley's Criminal Law & Procedure (2 Ed.); Regan v. Harkey, 87 S.W. 1164 (Tex.). (4) "The officer is not necessarily justified because he believes an offense has been committed, but he is always justified if an......
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Smith v. McDuffee
... ... can be no valid consent to a search though in fact assented ... to. The case of Regan v. Harkey, 40 Tex.Civ.App. 16, ... 87 S.W. 1164, is cited in support of the doctrine insisted ... upon. In that case, at the request of ... ...