Newton v. Locklin

Citations

• 77 Ill. 103

Syllabus

<p>1: Trespass to person—arrest without warrant. Where the plaintiff was arrested,without any warrant, while peaceably' passing along the streets, on the charge of having been in a state of intoxication on the streets in the morning or middle of the same day, being sober at the time of the arrest, and forcibly taken before a police magistrate without showing any' authority' when demanded, and when brought before the magistrate, then engaged in other business, he was committed to the calaboose for abusive language to the magistrate, where he was detained over night, it was held, that he was entitled to recover against the defendants so arresting and detaining him, in an action of trespass for assault and battery and false imprisonment.</p> <p>2. Arrest—without warrant. Where a party was arrested in the evening, while peaceably' passing along the streets, without any warrant, and no statute or town ordinance was shown justifying the arrest, and the violation of no law or ordinance was charged at the time, it was held, that the arrest was illegal, notwithstanding the party so arrested may have been intoxicated some time during the same day, but not in the view of the parties arresting him.</p> <p>3. Contempt—power of justice of the peace to punish for. A police magistrate or justice of the peace has no power to imprison a party for a contempt of court. He can only inflict a fine not exceeding §5. Tn fining, he can order that if the fine is not paid the party be committed until the same is paid. In such a case, the imprisonment is only a means of collecting the fine, and not. a punishment.</p> <p>4. Excessive damages—imprisonment. Where a party' was arrested without warrant, for the violation of an ordinance, not in view of the officer arresting, and taken before a police magistrate, who ordered his incarceration for abusive and insulting language, when he only' had power to fine for contempt, it was held, in an action by the party so arrested and imprisoned, for the tr