Swift v. Chamberlain
Supreme Court of Connecticut
THIS was au action of trespass vi et armis, tried at Bitch? field, August term, 1820, before Brainatd, J. The defendant admitted, that he had taken the plaintiffs body, and committed him to prison, but justified under a regular writ of attachment, which, as an officer, he then held against the plaintiff.
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THIS was au action of trespass vi et armis, tried at Bitch? field, August term, 1820, before Brainatd, J. The defendant admitted, that he had taken the plaintiffs body, and committed him to prison, but justified under a regular writ of attachment, which, as an officer, he then held against the plaintiff. The plaintiff claimed, that he was, at that time, an elector, which was known to the defendant; and that the writ was served on him, on the day appointed by law f°r tbe meeting of electors for the choice of state officers, while he was attending, as an elector, at such meeting : that after he…
1Opinion of the Court
H-jsmer, Ch. J.
Under the charge given to the jury, they must have found, that at the time of the arrest, the plaintiff was in the exercise of his franchise as an elector, and that he did not waive his privilege of protection. From the facts stated in the motion my mind would be led to the same result. Retiring to a house in the neighbourhood, while the proper officers were counting the votes, the defendant, on a fair construction of the constitution, was attending on the business of the election ; and mere silence, on his part, was no waiver of his privilege. Cameron v. Lightfoot, 2 Bla. Rep.…
2Cases cited2 opinions
- Luddington v. PeckSupreme Court of Connecticut · 1818
- King v. CoitSupreme Court of Connecticut · 1810
3Cited by5 opinions
- Whipple v. FullerSupreme Court of Connecticut · 1836
- Higgins v. EmmonsSupreme Court of Connecticut · 1823
- Stanton v. HaskinDistrict of Columbia Court of Appeals · 1874
- Watson v. WatsonSupreme Court of Connecticut · 1832
- Woods v. DavisSupreme Court of New Hampshire · 1857