Legal Opinion

Farrell v. Warren

New York Supreme Court

Decided August 15, 1829PublishedCited by 3 opinions

This was an action for false imprisonment, tried at the Onondaga circuit, before the Hon. Enos T. ThroPp, then one of the circuit judges.

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This was an action for false imprisonment, tried at the Onondaga circuit, before the Hon. Enos T. ThroPp, then one of the circuit judges. The plaintiff was ordered into the custody of a constable by the direction of the defendant, a justice of the peace, for keeping a huckster shop within three quarters of a mile of the camp ground, where a methodist religious society were assembled for public worship, (a) He was conducted to the camp, and put under the preacher’s stand, where he was kept guarded. After hearing testimony, the justice imposed a fine upon him of $20 ; he gave bail for the…

1Opinion of the Court

By the Court,

Sutherland, J.

The only question arising upon the decision of the judge before whom this cause was tried, and upon his charge to the jury, is, whether the defendant, who is admitted to have been a justice of the peace, had a right, upon his own personal view of the offence committed by the plaintiff, to order him into the custody of a constable for safe keeping, (without issuing a warrant,) until he could be tried. I am clearly of opinion that he had such authority.

It is conceded that the fourth section of the act for suppressing immorality, (2 R. L. 193,) authorizes an arrest in…

2Cited by3 opinions

  1. Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
  2. Metropolitan St. Ry. Co. v. GumbyCourt of Appeals for the Second Circuit · 1900
  3. People ex rel. Cohen v. Warden of Third District PrisonAppellate Division of the Supreme Court of the State of New York · 1912

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