The unlawfulness of the detention may arise either from the fact that it was without process, or under color of illegal process.105

An arrest without a warrant is always illegal unless made by an officer who has reasonable grounds to believe that a felony has been committed and that the party arrested is the guilty party.106 An unlawful imprisonment may also arise from an arrest on a defective warrant, or the arrest of a privileged person,107 from an unlawful detention 108 where the original arrest was legal.109

100 Bird vs. Jones, 72 B., 742. In this case, the defendant, an officer was stationed .at a particular point to prevent persons from passing in a certain direction, prevented the plaintiff from passing that way, but left another way open to him, of which, however, he did not wish to avail himself, and therefore stood there for sometime. Held that there was no imprisonment.

101 Johnson vs. Tompkins, I Baldw.

(U. S., 578); Greathouse vs.

Summerfield, 25 111., App. 296;

Gold vs. Bissell, 1 Wend. (N.

Y.), 210. 102 Jones vs. State. 8 Tex. App. 365. 103 Maner vs. State, 8 Tex. App., 104 Greathouse vs. Summerfield, 25 111., App. 296.

105 "It makes no difference whether the restraint of the person is caused without process or under color of process wholly illegal * * * * it is a trespass against the person, for which the plaintiff is entitled to compensation in damages upon the necessary proof of the facts." Ahem vs. Collins, 39 Mo., 150.

106 Brockway, vs. Crawford, 3 Jones L. (48 N. Car.), 433; Firestone vs'. Rice, 7 Mich., 377, 15 Am. St. Rep., 266.

107 Wood vs. Kinsman, 5 Vt., 589; Smith vs. Jones, 76 Me., 138, 49 Am. Rep., 589.

361.