Anderson v. Cowles
Supreme Court of Connecticut
Action to recover damages for maliciously causing a search-warrant to be issued under which the plaintiff’s house and barns were entered and searched, brought to the Superior Court in Litchfield County and tried to the jury before jRorabaek, J.; verdict and judgment for the plaintiff for $200 damages, and appeal by the defendants for alleged errors in the rulings and charge of the court.
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Action to recover damages for maliciously causing a search-warrant to be issued under which the plaintiff’s house and barns were entered and searched, brought to the Superior Court in Litchfield County and tried to the jury before jRorabaek, J.; verdict and judgment for the plaintiff for $200 damages, and appeal by the defendants for alleged errors in the rulings and charge of the court. The complaint was as follows: “ 1. On the 28th day of' September, 1896, the defendant made, signed and published a paper writing, concerning the plaintiff, of which Exhibit A * hereto annexed is a copy. 2. On…
1Opinion of the CourtAndrews, C. J.
The court charged the jury that the warrant, which was made a part of the complaint, did not furnish any justification for the acts complained of. This was correct. The warrant had never been returned. The officer omitted to return it by the direction of the defendant. For this reason the acts done became a trespass ab initio. Dehm v. Hinman, 56 Conn. 320, 322; Williams v. Ives, 25 id. 568; Pratt v. Pond, 45 id. 386; Toby v. Reed, 9 id. 216 ; Wright v. Marvin, 59 Vt. 437; Monroe v. Merrill, 6 Gray, 238; Buller’s Nisi Prius, 23. “ If a sheriff have not returned a writ which ought to have been…
2Cases cited3 opinions
- Atwater v. Morning News Co.Supreme Court of Connecticut · 1896
- Dehm v. HinmanSupreme Court of Connecticut · 1887
- Wright v. MarvinSupreme Court of Vermont · 1887
3Cited by8 opinions
- Moriarty v. LippeSupreme Court of Connecticut · 1972
- Chapel-High Corp. v. CavallaroSupreme Court of Connecticut · 1954
- Ely v. MasonSupreme Court of Connecticut · 1921
- Hardin v. HightSupreme Court of Arkansas · 1913
- Hogan v. New York Times CompanyDistrict Court, D. Connecticut · 1962
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