Banfill v. Byrd

Citations

• 122 Miss. 288
• 84 So. 227

Syllabus

<p>1. Searches and seizures. Officer searching private premises on a void search warrant cannot defend on theory of consent unless freely given.</p> <p>An officer undertaking to search the premises of a private person on a void search warrant cannot defend a damage suit on the theory that the defendant consented to .the search, unless it appears that the consent was freely given, or that the party had full knowledge of her rights, and that such consent was not given because of the warrant or the official character of the officer. A citizen is not required to resist an officer to maintain a suit in such cases.</p> <p>2. Searches and seizures. General bad character is admissible in mitigation of damages in a suit for unlawful search and seizure. ”</p> <p>Evidence of general bad character is admissible in mitigation of damages in a suit for unlawful searches and seizures; but special acts or specific acts are not admissible, especially where the acts are those of guests in a hotel and not brought to the knowledge of the hotel keeper.</p> <p>3. Intoxicating iaqtjoes. In action for unlawful search, evidence of conduct of guest not admissible against hotel keeper where not shown to have come to her knowledge.</p> <p>Specific acts of immoral conduct by guests or roomers in a hotel are not admissible in evidence against the hotel keeper in a suit unless she learns of them and acquiesces therein after such knowledge. She may presume her guests are moral, and does not have to spy on them to see that they do not do wrong acts.</p> <p>4. New tbiai,. Trial judge cannot set aside a verdict contrary to peremptory instruction and render judgment for nomirtal damages.</p> <p>A trial judge does not have power to set aside a verdict for a defendant and render judgment for nominal damages where the verdict returned is contrary to a peremptory instruction.</p> <p>5. Tbial. Jury refusing to find a verdict as directed may be discharged.</p> <p>Where a jury contumaciously refuses to find a