TaiLexi AI U.S. Case Law

Hobbs v. Ray

Lemuel R. Hobbs v. Frederick A. Ray.

Hobbs v. Ray, 25 A. 694 (R.I. 1892)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Rhode Island · State Highest Courts
Decided
November 26, 1892
Judges
PER CURIAM.
Citations
25 A. 69418 R.I. 841892 R.I. LEXIS 15
Headnotes
Distinction, stated between. tlie action for false imprisonment and the-action for malicious prosecution. When trespass on the case for false imprisonment was brought and the pleadings stated a case of malicious prosecution: . Held, that the pleadings were demurrable but amendable.
Summary
Trespass on the case foT false imprisonment. On demurrer to- the declaration and also on demurrer to a plea in abatement.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

Per Curiam.

We think the defendant’s demurrer to the plaintiff’s declaration should be sustained.

The facts set out in the writ and declaration show a case for malicious prosecution, and not for false imprisonment; and these actions are quite distinct and different from each other. An action of trespass for false imprisonment, lies for an arrest, or some other similar act of the defendant, ‘ ‘ which, ” as is said, “upon the stating of it, is manifestly illegal;” while malicious prosecution, on the contrary, lies for a pros- *85 edition, which, upon the stating of it is manifestly legal.

Johnstone v. Sutton, 1 Term Rep. 510, 544. The declaration in the case at bar, shows that the arrest complained of was made under lawful process, although wrongfully obtained. There was therefore no false imprisonment, the imprisonment being by lawful authority.

Nebenzahl v. Townsend, 61 How. Pr. 353, 356 . Imprisonment caused by a malicious prosecution is not false, unless without legal process, or extra-judicial.

Murphy v. Martin, 58 Wisc. 276;

Colter v. Lower, 35 Ind. 285 ;

7

Amer. & Eng. Encyc. of Law, 663, 664, and cases cited. See also Turpin v. Remy, 3 Blackf. 210 ;

Mitchell v. The State, 12 Ark. 50 , also 54 Amer. Decis. 253, and cases cited; 1 Chitty on Pleading, *133, *161.

John D. Thurston & George A. Littlefield, for plaintiff.

Warren R. Perce, for defendant.

The gravamen of the offence of false imprisonment, is the unlawful detention of another, withbut his consent, and malice is not an essential element thereof; while in an action for malicious prosecution, the essential elements are malice and want of probable 'cause in the proceeding complained of.

But while for the reasons above given, we think the demurrer should be sustained, yet, as the form of action employed by the plaintiff is case, which is the proper one in actions for malicious prosecution, we see no sufficient reason for sustaining the defendant’s plea in abatement to the writ and declaration.

The demurrer is sustained, and the plea in abatement is overruled, with leave to the plaintiff to file a motion to amend his writ and declaration.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1906: 11907: 11921: 11922: 11927: 11931: 11945: 11977: 11986: 119062026peak 1906 · 1

Relies on it most ⓘ

  1. Powers v. Carvalho368 A.2d 1242 (R.I. 1977)
  2. Moody v. McElroy513 A.2d 5 (R.I. 1986)
  3. Kittler v. Kelsch216 N.W. 898 (N.D. 1927)
  4. Thorp v. Croto65 A. 562 (Vt. 1907) · Dissent
  5. Commonwealth Trust Co. v. Cirigliano41 A.2d 863 (Pa. 1945)
  6. National Bank v. Bingham5 P.2d 554 (Mont. 1931)

Most recent

  1. Moody v. McElroy513 A.2d 5 (R.I. 1986)
  2. Powers v. Carvalho368 A.2d 1242 (R.I. 1977)
  3. Commonwealth Trust Co. v. Cirigliano41 A.2d 863 (Pa. 1945)
  4. National Bank v. Bingham5 P.2d 554 (Mont. 1931)
  5. Kittler v. Kelsch216 N.W. 898 (N.D. 1927)
  6. Lee v. Jones116 A. 201 (R.I. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Colter v. Lower, 35 Ind. 285 (1871) 21
Turpin v. Remy, 3 Blackf. 210 (1833) 17
Nebenzahl v. Townsend, 10 Daly 232 (1881) 11

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list