Holcomb v. Cornish
Supreme Court of Connecticut
This was an action of trespass for assault and battery, and false imprisonment, and the extortion of money thereby from the defendant. The defendant pleaded the general issue, and gave notice that he should justify under certain convictions of the plaintiff, before the defendant, as a justice of the peace.
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This was an action of trespass for assault and battery, and false imprisonment, and the extortion of money thereby from the defendant. The defendant pleaded the general issue, and gave notice that he should justify under certain convictions of the plaintiff, before the defendant, as a justice of the peace. On the trial, at an adjourned term in Hartford, in May 1831, before Daggett, J., the plaintiff having, as he claimed, proved the facts alleged in the declaration, the defendant introduced the records of five several summary convictions of the plaintiff, for profane swearing and cursing;…
1Opinion of the CourtWilliams, J.
To the convictions introduced by the defendant, it was objected, 1. That no previous complaint and warrant were shewn. By our statute regarding crimes and punishments (sect. 102.) it is enacted, that “when any justice of the peace shall have plain view or personal knowledge of any person’s being guilty of drunkenness, profane swearing, *379cursing or sabbath-breaking, it shall be accounted good and sufficient evidence in the law for such justice to make up a judgment against such person or persons so offending; having first caused such person to be brought before him. But no judgment shall be…
2Cases cited4 opinions
- Aldrich v. KinneySupreme Court of Connecticut · 1822
- Commonwealth v. Pejepscut ProprietorsMassachusetts Supreme Judicial Court · 1811
- Morgan v. ChesterSupreme Court of Connecticut · 1822
- Brown v. GenungNew York Supreme Court · 1828
3Cited by18 opinions
- Atwater v. City of Lago VistaSupreme Court of the United States · 2001
- McGrain v. DaughertySupreme Court of the United States · 1927
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
- Eagle, Star & British Dominions Insurance v. HellerSupreme Court of Virginia · 1927
- Duncan v. United StatesCourt of Appeals for the Ninth Circuit · 1931
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