Compare Marshall v. Heller, 55 Wis. 392. For recent definitions see Westberry v. Clanton, 136 Ga. 795; Coolahan v. Marshall Field & Co., 159 Ill. App. 466; Efroymson v. Smith, 29 Ind. App. 451; Comer v. Knowles, 17 Kan. 436; New York R. Co. v. Waldron, 116 Md. 441; Smith v. Clark, 37 Utah, 116, 126.
[26]. Anon. 1 Vent. 306; Anon. 7 Mod. 8; Whithead v. Keyes, 3 All. 495 Accord.
[27]. If the bailiff, who has a process against one, says to him when he is on horseback or in a coach, “You are my prisoner; I have a writ against you,” upon which he submits, turns back, or goes with him, though the bailiff never touched him, yet it is an arrest, because he submitted to the process; but if, instead of going with the bailiff, he had gone or fled from him, it could be no arrest, unless the bailiff laid hold of him. Horner v. Battyn, Bull. N. P. 62.
[28]. Chinn v. Morris, 2 Car. & P. 361; Pocock v. Moore, Ry. & M. 321; Peters v. Stanway, 6 Car. & P. 737; Granger v. Hill, 4 Bing. N.C. 212; Warner v. Riddiford, 4 C. B. N. S. 180 (criticizing Arrowsmith v. Le Mesurier, 2 B. & P. N. R. 211); Singleton v. Kansas City Base Ball Co., 172 Mo. App. 299 Accord.
To hold a man by the sleeve without professing to arrest him or leading him to believe he is not free to get away is not an imprisonment. Macintosh v. Cohen, 24 N. Zeal. L. R. 625.
[29]. Part of the case, not relating to imprisonment, has been omitted.
[30]. Johnson v. Tompkins, Baldw. C. C. 571, 601; Collins v. Fowler, 10 Ala. 858; Courtoy v. Dozier, 20 Ga. 369; Hawk v. Ridgway, 33 Ill. 473; Brushaber v. Stegemann, 22 Mich. 266; Josselyn v. McAllister, 25 Mich. 45; Moore v. Thompson, 92 Mich. 498; Ahern v. Collins, 39 Mo. 145; Strout v. Gooch, 8 Greenl. 126; Mowry v. Chase, 100 Mass. 79; Emery v. Chesley, 18 N. H. 198; Browning v. Rittenhouse, 40 N. J. Law, 230; Hebrew v. Pulis, 73 N. J. Law, 621; Gold v. Bissell, 1 Wend. 210; Van Voorhees v. Leonard, 1 Thomp. & C. 148; Searls v. Viets, 2 Thomp. & C. 224; Limbeck v. Gerry, 15 Misc. 663; Martin v. Houck, 141 N. C. 317; Huntington v. Shultz, Harp. 452; Mead v. Young, 2 Dev. & Batt. 521; Haskins v. Young, 2 Dev. & Batt. 527; Jones v. Jones, 13 Ired. 448; McCracken v. Ansley, 4 Strob. 1; Gunderson v. Struebing, 125 Wis. 173 Accord.
Submission to wrongful detention by conductor of a train in consequence of his representation of authority to detain plaintiff was held an imprisonment in Whitman v. Atchison R. Co., 85 Kan. 150.
There must be reasonable ground for fear that defendant will use force. Powell v. Champion Fibre Co., 150 N. C. 12.
But compare Cottam v. Oregon City, 98 Fed. 570, deciding that a submission to arrest rather than pay an illegal license fee is not an imprisonment.