Public-domain · open source
OpenJurist

1 Del. 143

Murphy v. Countiss

Superior Court of Delaware

Decided July 5, 1833

Superior Court of Delaware · decided 1833-07-05

<p>A false imprisonment does not necessarily include an assault and battery.</p> <p>If an officer illegally imprisons a person he is liable not only for the time he is in the officer’s custody, but for all the time of his imprisonment.</p>

Decided 1833-07-05

The Court

¶1 said the older authorities sustained the position of the plff’s, attorney. In the time of Lord Kenyon and since, however, *144 the decisions have been that a false imprisonment does not necessarily include a battery.. But it makes no difference here; the false imprisonment, if proved, will entitle the plff. to recover; and not merely for the time the constable was bringing him to jail, but for the whole period of his imprisonment.

Gilpin, for plaintiff. Latimer, for defendant.

¶2 The plaintiff had a verdict.

/1/del/143 · .json · Public domain