FALSE IMPRISONMENT - continued. partial restraint, 168. - Arrest with Warrant, 168-174. officer's justification, 168. arrest of wrong person, 168. misleading officer, 169. description in writ of person intended, 169. misnomer, 169. acts in excess of authority, 170. oppressive conduct, 170. detention after writ has expired, 170. detention on other writs, 171. retaking escaped prisoner, 172. in civil cases, 172. in criminal cases, 172, 173. invalidity of writ, and effect on officer, 173. writ void or not, when, 173, 174. officer's liability restated, 174. liability of clerk, 175, 176. liability of judge, 177-179. summary, 179. liability of plaintiff and his attorney, 179–183. irregularity and error, 181, note. distinction between civil and criminal cases, 182, 183. setting aside the writ, 183, 184. distinguished from malicious prosecution, 184. Arrests without Warrant, 184-190. when proper, 185. arrest on the spot, 185. on suspicion of felony by officer, 185, 186. reasonable cause, 186, 187. misdemeanor, 188. arrest after termination of breach of peace, 188, 189. affrays, 189. right of private citizen to arrest, 189, 190. FELLOW-SERVANTS, torts in general by, 35, 36. injury by negligence of, 360-364. who are, FINDING, 361. gives right of possession against wrong-doer, 234, 235. FIREMAN, entering premises, 20. HARBORING, of servant, 191. of wife, 201-203. HIGHWAYS, obstructing, 297, 298. HOUSES, fall of, 271-278. HUSBAND AND WIFE, defamation of either, 115, note. harboring wife, 201-203. seduction or enticement of wife, 199–206. infidelity of husband, 204. negligence of husband, 205. condonation or offence, 205. I. IDENTIFICATION, of passenger with carrier, 380–382. IMPRISONMENT. (See FALSE IMPRISONMENT.) IMPUTABILITY, of negligence of parent or guardian to child, 382-386. what are, 118, note. INFANTS, liability for tort, 25-27. INNKEEPERS, general duties of, 320, 321. INSANE PERSONS, liability for tort, 26. INTENT, in deceit, 74-76. in assault and battery, 150, 154, 155. JEOPARDY, J. in suits for malicious prosecution, 86-89. liability of, for false imprisonment, 177-179- K. KNOWLEDGE OF FALSITY, in suits for deceit, 63-66. L. LANDLORD AND TENANT, landlord's right of action for injury to reversion, 212. LANGUAGE, interpretation of, 113-115. LATERAL SUPPORT. LAWYERS, (See SUPPORTS.) advice of, in arrests, 94-97. liability for false imprisonment, 179–183. LECTURES, unauthorized publication of, 263, note. acting on, in making arrest, 94-96. LETTER-CARRIER, invited to enter, 350, note. LIBEL. LICENSE, (See SLANDER and Libel.) nature of, 4, 20, 220, 221. revocation of, 221. duty to licensee in regard to condition of premises, 348–354. LITERARY CRITICISM, when libellous, 144. M. MACHINES, infringement of patents, 254-257. MAINTENANCE, actions for, 102. MALICE, a technical term, 11. in use of property, 12, note. in what it consists, 11-13, 80, 81, 98, 99, note, 108-110. MALICIOUS APPEALS, statute of, 88, note. LIBEL.) MALICIOUS INTERFERENCE WITH CONTRACT, MALICIOUS PROSECUTION, elements of the action, 82. criminal and civil prosecutions, 83. criminal suit terminated, how, 88. prosecution before magistrate, 89. jeopardy of prisoner, 90. Statute of Malicious Appeals, 90, note. summary, Want of Probable Cause, 89–97. slight circumstances of suspicion, 89, 90. judgment of conviction, 91. belief in guilt of accused, 91. discharge by magistrate, 92, 93. abandonment of prosecution, 94. advice of lawyer, 94–97. evidence of malice not proof of want of probable cause, 97. breach of promise of moritur cum persona, 45, note. MASTER AND SERVANT, nature of the relation, 30. when servant not liable for his acts, 30, 31. |