Percival v. Jones
New York Supreme Court
This was an action of trespass, assault and battery, and false imprisonment. Plea not guilty. The cause was tried before Mr. Justice Kent, at the last sitting in New York. The defendant was a justice of the peace in the county ©f Albany, A suit was commenced before him, in favor of one Chapin against the plaintiff in the present suit, in which a judgment was recovered in favor of Chapin.
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This was an action of trespass, assault and battery, and false imprisonment. Plea not guilty. The cause was tried before Mr. Justice Kent, at the last sitting in New York. The defendant was a justice of the peace in the county ©f Albany, A suit was commenced before him, in favor of one Chapin against the plaintiff in the present suit, in which a judgment was recovered in favor of Chapin. After the expiration of forty days, an execution was issued by the justice against the goods and chattels of Percival, and in case n© goods or chattels could be found, his body was directed to be taken, which…
1Opinion of the Court
*Per Curiam.
By the 10th section of the a'et, commonly called the ten pound act, it is provided, that the justice shall grant execution, &c. against the goods and chattels, and for want of sufficient goods and chattels, against the body of the defendant. By the 15th section of the act, for the relief of debtors, with respect to the imprisonment of their persons, it is declared that no person, having a family, not being a freeholder, should be imprisoned by virtue of any execution, to be issued by virtue of the former act, and the form of the execution is directed to- be against the goods and…
2Cases cited2 opinions
- Rogers v. MullinerNew York Supreme Court · 1831
- Hoose v. SherrillNew York Supreme Court · 1836
3Cited by13 opinions
- Wall v. TrumbullMichigan Supreme Court · 1867
- Tompkins v. SandsNew York Supreme Court · 1832
- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
- Alexander v. HoytNew York Supreme Court · 1831
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