Legal Opinion

Shaefer v. Smith

Supreme Court of New Jersey

Decided February 25, 1919PublishedCited by 1 opinion

On rule, to show cause.

1Opinion of the Court

The opinion of the court was delivered by

Swayze, J.

This is an action for false imprisonment. The defendant is recorder of North Arlington aiid issued a warrant under which the plaintiff was arrested and bound to keep the peace. No formal complaint was made to tlie magistrate. One Stetz complained verbally on behalf of Ms wife. The justice wrote down, apparently in the warrant, what Stetz told him and asked him if he would swear that was the truth; to which Stetz replied, “Yes, I do.” Thereupon, without Stetz signing the statement, or the magistrate drawing or signing any jurat, the defendant…

2Cases cited1 opinion

  1. Bradstreet v. FurgesonCourt for the Trial of Impeachments and Correction of Errors · 1840

3Cited by1 opinion

  1. Zalewski v. GallagherNew Jersey Superior Court Appellate Division · 1977

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