Adams v. Whitcomb
Supreme Court of Vermont
Trespass for assault and battery and false imprisonment. Plea, the general issue, and notice of justification under a writ of ne exeat. Trial by jury, December term, 1872, Barrett, J., presicliug.
Read the full summary
Trespass for assault and battery and false imprisonment. Plea, the general issue, and notice of justification under a writ of ne exeat. Trial by jury, December term, 1872, Barrett, J., presicliug. On the 24th of February, 1871, a writ of ne exeat was issued against the plaintiff, by Barrett, Chancellor, upon the petition of the defendant and his wife, which said writ the defendant, on said day, put into the hands of one Stimson, sheriff of Windsor county, with directions to serve the same according to the precept thereof, which he did by arresting the plaintiff, and, in default of bail,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J,
Were the facts set up in the defendant’s notice and proved by him on the trial, a justification of the trespass and imprisonment complained of ? This is the only question raised by the exceptions. By § 75, ch. 33 of the Gen. Sts., it is enacted : “ No female shall be arrested or imprisoned by virtue of any mesne process which shall issue in any action founded on contract, nor by virtue of any execution which shall issue on a judgment recovered in any such action.” This language is very comprehensive, and covers every possible action founded on…
2Cases cited5 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Adkins v. BrewerNew York Supreme Court · 1824
- Seymour v. HazardNew York Court of Chancery · 1814
- Administrator of Whitcomb v. CookSupreme Court of Vermont · 1867
3Cited by12 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Roy v. PhelpsSupreme Court of Vermont · 1910
- In re BarkerSupreme Court of Vermont · 1884
- Elkay Steel Co. v. CollinsSupreme Court of Pennsylvania · 1958
- Charles R. Williams v. Geno H. FranzoniCourt of Appeals for the Second Circuit · 1954
7 more not listed; retrieve them via the Exa API.