Superior Court of Delaware, 1833

Murphy v. Countiss

Murphy v. Countiss
Superior Court of Delaware · Decided July 5, 1833
1 Del. 143

Counsel

Gilpin, for plaintiff. Latimer, for defendant.

Murphy v. Countiss

Opinion of the Court

The Court

said the older authorities sustained the position of the plff’s, attorney. In the time of Lord Kenyon and since, however, *144 the decisions have been that a false imprisonment does not necessarily include a battery.. But it makes no difference here; the false imprisonment, if proved, will entitle the plff. to recover; and not merely for the time the constable was bringing him to jail, but for the whole period of his imprisonment.

Gilpin, for plaintiff. Latimer, for defendant.

The plaintiff had a verdict.

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