Stilphen v. Ulmer

• Decision Date: 29 June 1895
• Citation: 88 Me. 211,33 A. 980
• Parties: STILPHEN v. ULMER et al.
• Court: Maine Supreme Court

33 A. 980

88 Me. 211

STILPHEN

v. ULMER et al.

Supreme Judicial Court of Maine.

June 29, 1895.

(Official.)

Report from supreme judicial court, Kennebec county.

This was an action of trespass by Alfred L. Stilphen for false imprisonment against the defendant, Ulmer, of Rockland, county of Knox, a trial justice, and John L. Thompson, of Newcastle, county of Lincoln, a game and fish warden. Reported. Defendants defaulted.

June 3, 1893, the plaintiff, a resident of Pittston, in Kennebec county, was arrested at his home by the defendant Thompson on a warrant issued by the defendant Ulmer at Rockland, on the preceding day, upon Thompson's complaint for maintaining an illegal fish weir in Dresden, Lincoln county, extending into Eastern river. The plaintiff was taken to Rockland upon this process, found guilty, and sentenced to pay a fine of $50 and costs taxed at $20.46, which he paid, and was thereupon discharged. St. 1891, c. 95, § 18, under which the defendants justified, is as follows: "Sec. 18. Officers authorized to enforce the fish and game laws, and all other persons, may recover the penalties for the violation thereof in an action on the case in their own names, or by complaint, or indictment in the name of the state; and such prosecution may be commenced in any county in which the offender may be found, or in any neighboring county."

The defendants further relied, in their argument, on St. 1885, c. 285, and the defendant Thompson, as a warden, on Rev. St. c. 40, § 40.

A. M. Spear and C. L. Andrews, for plaintiff.

True P. Pierce, for defendants.

HASKELL, J. Trespass for false arrest. Plaintiff resided and was arrested in Kennebec county upon a warrant issued by a trial justice in Knox county for violating the fish and game laws in Lincoln county. He was taken through Lincoln county into Knox county for trial before the magistrate who issued the warrant, and was fined $70.46, including costs, which he paid. His arrest continued for the space of 12 hours, but was without malice or evil intent. The court is of opinion that the proceeding was unauthorized and illegal, but that actual damages only may be recovered.

Defendants defaulted for $100.