Davis v. Bush
Indiana Supreme Court
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
- Patterson v. KiseIndiana Supreme Court · 1828
3Cited by6 opinions
- Gall v. FrybergerIndiana Supreme Court · 1881
- Goodwine v. StephensIndiana Supreme Court · 1878
- Fruits v. ElmoreIndiana Court of Appeals · 1893
- Rutherford v. DavisIndiana Supreme Court · 1884
- Caldwell v. KenworthyIndiana Supreme Court · 1869
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