Kent v. Miles
Supreme Court of Vermont
Trespass for false imprisonment. Pleas, the general issue and special pleas of justification. Replication, de injuria. Trial by jury at the September Term, 1896, Washington County, Taft, J., presiding. The warrant, dated September 14 and delivered October 5, commanded something which was, on the face of it, impossible, the court having already adjourned. This, the defendant knew, for he had himself, as sheriff, declared the court adjourned.
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Trespass for false imprisonment. Pleas, the general issue and special pleas of justification. Replication, de injuria. Trial by jury at the September Term, 1896, Washington County, Taft, J., presiding. The warrant, dated September 14 and delivered October 5, commanded something which was, on the face of it, impossible, the court having already adjourned. This, the defendant knew, for he had himself, as sheriff, declared the court adjourned. Therefore the warrant is no protection to the defendant. In re Terrill, 52 Kan. 29: 39 Am. St. 327; 16 Am. Law Reg. 660 and cases there cited. As…
1Opinion of the CourtTyler, J.
It appears that the plaintiff was indicted for perjury at the September Term, 1887, of Orleans county court; that a bill of indictment was returned into court and filed on the 14th of the same September; that a warrant for the plaintiff’s arrest was then issued but was not delivered to the defendant until October 5th, several days after the close of that term.' The defendant, as sheriff of the county, arrested the plaintiff at Montpelier in the county of Washington on the day he received the warrant, and on the following day took him and committed him to the jail in Orleans county. On the 7th…
2Cases cited1 opinion
- Kent v. MilesSupreme Court of Vermont · 1895
3Cited by7 opinions
- United States v. J. Paul Joines and John Robert Joines. Appeal of John Robert JoinesCourt of Appeals for the Third Circuit · 1958
- Gibson v. HolmesSupreme Court of Vermont · 1905
- Haney v. Town of RainelleWest Virginia Supreme Court · 1943
- In re EdsonSupreme Court of Vermont · 1912
- Thurston v. LenoSupreme Court of Vermont · 1964
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