Mullen v. Brown

Massachusetts Supreme Judicial Court

Mullen v. Brown

138 Mass. 114, 1884 Mass. LEXIS 34

CourtMassachusetts Supreme Judicial Court

DecidedNovember 6, 1884

StatusPublished

Cited by14 cases

This text of 138 Mass. 114 (Mullen v. Brown) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mullen v. Brown, 138 Mass. 114, 1884 Mass. LEXIS 34 (Mass. 1884).

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Opinion

By the Court.

The plaintiff was arrested upon a lawful warrant, duly issued by a magistrate upon the complaint of the defendant. For such arrest, and the imprisonment following it, the defendant is not liable in an action for assault and false imprisonment, although his object in making the complaint was to enforce the payment of a debt or to extort money. The plaintiff’s remedy, if any, is by an action for malicious prosecution. Coupal v. Ward, 106 Mass. 289. Exceptions overruled.

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By the Court.

The plaintiff was arrested upon a lawful warrant, duly issued by a magistrate upon the complaint of the defendant. For such arrest, and the imprisonment following it, the defendant is not liable in an action for assault and false imprisonment, although his object in making the complaint was to enforce the payment of a debt or to extort money. The plaintiff’s remedy, if any, is by an action for malicious prosecution. Coupal v. Ward, 106 Mass. 289. Exceptions overruled.

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Bluebook (online)

138 Mass. 114, 1884 Mass. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullen-v-brown-mass-1884.

Opinion

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