Legal Opinion

Davis v. Bush

Indiana Supreme Court

Decided September 7, 1837PublishedCited by 6 opinions

ERROR to the Tippecanoe Circuit Court,—The plaintiff in error was the plaintiff below; the demurrer to'-the special plea was overruled,- ánd the judgment-was for the defendant.

1Opinion of the CourtDewey, J.

This is ■ an action of assault and battery and false imprisonment. The declaration contains three counts. Pleas, general issue, and justification, as a. constable, under a capias ad respondendum issuing from a justice of the peace. Demurrer to the special plea, assigning for cause,—1st, The plea does not show that an-affidavit was .filed before issuing the writ, nor does the writ recite one; -2dly, It does not allege how long the plaintiff was detained; and, 3díy, It is. not averred that the constable harried the plaintiff before the justice, or that he returned the writ. ' •

The points…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Patterson v. KiseIndiana Supreme Court · 1828

3Cited by6 opinions

  1. Gall v. FrybergerIndiana Supreme Court · 1881
  2. Goodwine v. StephensIndiana Supreme Court · 1878
  3. Fruits v. ElmoreIndiana Court of Appeals · 1893
  4. Rutherford v. DavisIndiana Supreme Court · 1884
  5. Caldwell v. KenworthyIndiana Supreme Court · 1869

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