Morrison v. Pence

Citations

• 82 Kan. 420
• 108 P. 831
• 1910 Kan. LEXIS 271

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. False Imprisonment — Definiteness of Officer’s Answer Justifying Arrest — Statement of Offense and (Grounds for Arrest. The failure of an officer, in his answer justifying an alleged illegal arrest and detention, to state particularly the offense with which the plaintiff was charged and the grounds for which the arrest was made is not material error, where it appears that the plaintiff was fully informed as to the nature of the charge and the cause of his arrest and was not depi-ived of any right because of a lack of such information.</p> <p>2. - Authority of Officer — Appointment—Confirmation—■ Oath — Commission—Signature to Oath. A city marshal was regularly appointed and confirmed by the mayor and council and was sworn into office by a competent officer, but no commission was given to him, nor did he subscribe to an oath. He entered upon the discharge of his duties and later arrested, without a warrant, one who was committing a public offense in his presence. Held, that the failure of the officer to receive a commission and to subscribe to an oath did not diminish his authority, nor prevent him when sued for false imprisonment from justifying the arrest on the ground that he was an officer.</p>