Legal Opinion

Hazen v. Creller

Supreme Court of Vermont

Decided May 19, 1910PublishedCited by 7 opinions

Trespass for false ‘imprisonment. Pleas, the general issue, and a special plea justifying under legal process. Heard on demurrer to the special plea at the January Term, 1910, Grand Isle County, Hall, J., presiding. Demurrer overruled, pro forma, plea adjudged sufficient, and judgment for defendant to recover his costs. The plaintiff excepted. The opinion states the case.

1Opinion of the Court

Watson J,.

The complaint upon which was issued, and to which was attached, the warrant on which the plaintiff was arrested by the defendant is in the usual form presented by informing officers. It was directed to the "justice of the peace who issued the warrant, but it was signed by no one. The body thereof states, “Comes William Creller, constable within and for the State of Vermont, elected from and by the town of Alburg, in his proper person and on his oath of office and makes complaint, ’ ’ etc.

The plaintiff contends that the complaint and warrant were void because (1), the defendant was…

2Cases cited3 opinions

  1. Sartwell v. SowlesSupreme Court of Vermont · 1900
  2. Goodell v. TowerSupreme Court of Vermont · 1904
  3. State v. SoraganSupreme Court of Vermont · 1867

3Cited by7 opinions

  1. Hoppe v. KlapperichSupreme Court of Minnesota · 1947
  2. Farish v. SmootSupreme Court of Florida · 1952
  3. Horton v. ChamberlainSupreme Court of Vermont · 1989
  4. State v. DonaldsonSupreme Court of Vermont · 1929
  5. Waters v. RayDistrict Court of Appeal of Florida · 1964

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