Mulberry v. Fuellhart

Citations

• 203 Pa. 573
• 53 A. 504
• 1902 Pa. LEXIS 762

Syllabus

<p>False imprisonment — Sheriff—Trespass ah initio.</p> <p>Where the sheriff arrests a man 'for resisting the execution of legal process, and without at once taking him before a magistrate, places him in jail, while two physicians examine him to determine his mental soundness, and while the examination is being made he is confined for two nights and one day, when he expresses regret for his action, and promises to go home and behave himself, the failure of the sheriff to take his prisoner before a magistrate is not a direct and positive act such as is required to convert a legal into an unlawful action and make the sheriff a trespasser ab initio.</p>