Alexander v. West, 6 Ga. App. 72 Contra.
Prosecution under unconstitutional statute: Murten v. Garbe, 91 Neb. 439.
Court without jurisdiction: Calhoun v. Bell, 136 La. 149. Compare Grorud v. Lossl, 48 Mont. 274.
[374]. 1 Marsh. 12, S. C.
[375]. The statement of the case has been taken from 1 Marsh. 12; the arguments of counsel are omitted.
[376]. See Saville v. Roberts, 1 Ld. Ray. 374; 12 Mod. 208, S. C.
“It is difficult to see on what grounds it can be maintained that a charge of breaking the peace conveys no imputation on the character of the person charged, and it may be doubted whether the authority of the cases above mentioned (Byne v. Moore and Saville v. Roberts) would now be recognized on this point.” Clerk & Lindsell, Torts, (5 ed.) 663.
[377]. Only the opinion of Erle, C. J., is given.
[378]. Hyde v. Greuch, 62 Md. 577; Pixley v. Reed, 26 Minn. 80 (semble); Apgar v. Woolston, 43 N. J. Law, 57. 65 (semble); Bump v. Betts, 19 Wend. 421; Fortman v. Rottier, 8 Ohio St. 548 Accord.
See Brinkley v. Knight, 163 N. C. 194 (release by constable without a hearing).