Kent v. Miles
Supreme Court of Vermont
False imprisonment. The defendant filed two pleas in justification. Heard upon the. plaintiff’s general demurrer to said pleas at the March term, 1895, Washington county, Start, J., presiding. Demurrer overruled and pleas adjudged sufficient. The plaintiff excepts. The officer was commanded by his warrant to bring the plaintiff before the county court. Not finding it in session he had no authority to detain the plaintiff.
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False imprisonment. The defendant filed two pleas in justification. Heard upon the. plaintiff’s general demurrer to said pleas at the March term, 1895, Washington county, Start, J., presiding. Demurrer overruled and pleas adjudged sufficient. The plaintiff excepts. The officer was commanded by his warrant to bring the plaintiff before the county court. Not finding it in session he had no authority to detain the plaintiff. State v. Lamoine, 53 Vt. 570.' The plea does not show that defendant acted in good-faith nor why he delayed in serving the warrant. Shaw v. Pechett, 25 Vt. 426: Kennerson v.…
1Opinion of the Court
TAFT. J.
The first objection made to the pleas is that they fail to answer the whole declaration, for that they justify the detention of the plaintiff for three days only instead ■of the six months’ detention charged in the declaration. We might well pass this question unnoticed, as no copy of the declaration has been furnished us ; but it appears from the pleas that the pleader justifies the detention of the plaintiff “for the said space of time in the said declaration mentioned.” The point is not well taken.
The main question before us is, whether a justification is set forth in the pleas. It…
2Cases cited1 opinion
- State v. LamoineSupreme Court of Vermont · 1881
3Cited by6 opinions
- State v. ShawSupreme Court of Vermont · 1901
- Janus v. United States Ex Rel. HumphreyCourt of Appeals for the Ninth Circuit · 1930
- Gibson v. HolmesSupreme Court of Vermont · 1905
- Kent v. MilesSupreme Court of Vermont · 1897
- In re EdsonSupreme Court of Vermont · 1912
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