Mandeville v. Guernsey
New York Supreme Court
THIS action was'brought to recover damages for assault and battery, and false imprisonment. It appears from the evidence, that on or about the first day of February, 1854, the defendant came from the state of Pennsylvania, where he then resided, with three .assistants, in the night time, took the plaintiff' from his home in the county of Steuben, and-carried him beyond the state of Hew York, and confined him in a prison cell, in the county of Tioga, Pennsylvania, for'…
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THIS action was'brought to recover damages for assault and battery, and false imprisonment. It appears from the evidence, that on or about the first day of February, 1854, the defendant came from the state of Pennsylvania, where he then resided, with three .assistants, in the night time, took the plaintiff' from his home in the county of Steuben, and-carried him beyond the state of Hew York, and confined him in a prison cell, in the county of Tioga, Pennsylvania, for' several days, and until he was released on bail. The defendant offered proof, by way of justification, tending to show, that…
1Opinion of the Court
By the Court, James C. Smith, J.
The official character of the defendant as sheriff of the county of Tioga, in the state of Pennsylvania, and the bench warrant issued to him, as such sheriff, upon the indictment found in that county, did not authorize him to arrest the plaintiff within this state and carry him beyond its boundaries. In respect to those acts he is to be treated as a private person acting without legal process.
A private individual may undoubtedly justify the apprehending of another, for felony, without warrant, upon a case of strong suspicion, if in fact such a felony were…
2Cases cited2 opinions
- Erben v. . LorillardNew York Court of Appeals · 1859
- Holley v. MixNew York Supreme Court · 1829
3Cited by18 opinions
- Snead v. . BonnoilNew York Court of Appeals · 1901
- McCullough v. GreenfieldMichigan Supreme Court · 1903
- Maracle v. StateNew York Court of Claims · 1966
- Newman v. ErnstSuperior Court of Buffalo · 1890
- Stone v. FrostNew York Supreme Court · 1872
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