Emery v. Chesley
Superior Court of New Hampshire
Petition eor a Eeview. Horace W. Emery, the petitioner, represented that on the 11th day of December, 1845, a writ was, at the suit of James Gr.
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Petition eor a Eeview. Horace W. Emery, the petitioner, represented that on the 11th day of December, 1845, a writ was, at the suit of James Gr. Chesley, issued under the hand and seal of James Tuttle, jr;, a justice of the peace for the county of Strafford, against the petitioner and one Joel Emery, returnable on the 31st day of January, 1846; that it was placed in the hands of Nathaniel J. Perkins, a constable of Dover, for service, and that he returned upon the back of it that ho had arrested the defendants, and himself became their bail; that the writ was returned and entered, and, the…
1Opinion of the CourtWoods, J.
A writ was placed in the hands of Perkins, who, on the 17th of January, 1846, made an attempt to servo it by arresting the bodies of the defendants who were therein named; and the principal question that the case presents is, whether he succeeded in making the arrest.
"What constitutes an arrest is well described in Pike v. Hanson, 9 N. H. Rep. 491, which was an action of trespass for making one. “ Bare words (it is there said,) will not make an arrest; there must be an actual touching of the body; or, what is tantamount, a power of taking immediate possession of the body, and the party’s…
2Cases cited1 opinion
- Pike v. HansonSuperior Court of New Hampshire · 1838
3Cited by1 opinion
- State v. PowersSupreme Judicial Court of Maine · 1978