Massachusetts Supreme Judicial Court March 15, 1858 (Houghton v. Wilson)

Dewey, J.

The ruling that if the defendant had no legal . right to make a second arrest of the plaintiff, and commit him to jail, yet if the arrest and commitment were voluntarily submitted to by the plaintiff, then he could not maintain the action, *366was sufficiently favorable to the defendant. But that defenee failed upon the facts, as was found by the jury.