Legal Opinion

Gano v. . Hall

New York Court of Appeals

Decided March 17, 1870PublishedCited by 9 opinions

This is an appeal by the plaintiff from a judgment of the General Term of the Supreme Court of the sixth district, affirming a judgment rendered in favor of the defendant upon a trial at the Otsego Circuit, in December, 1862. The action was false imprisonment, and the defendant justified under a warrant issued by him as a justice of the peace, pursuant to chapter 2, title 1, part 4, of the Revised Statutes, entitled “ Of proceedings to prevent . the commission of crimes.”

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This is an appeal by the plaintiff from a judgment of the General Term of the Supreme Court of the sixth district, affirming a judgment rendered in favor of the defendant upon a trial at the Otsego Circuit, in December, 1862. The action was false imprisonment, and the defendant justified under a warrant issued by him as a justice of the peace, pursuant to chapter 2, title 1, part 4, of the Revised Statutes, entitled “ Of proceedings to prevent . the commission of crimes.” On the 11th day of September, 1861, Harvey E. Saxton presented to the defendant, who was a justice of the peace of the…

1Opinion of the CourtIngalls, J.

Substantially only two questions are presented for the consideration of this court: 1. Whether the warrant of commitment was void, having been issued without a seal. 2. Whether what occurred between the plaintiff and defendant at the dose of the examination, and after the plaintiff was required to enter into a recognizance, and before the issuing of the warrant of commitment, amounted to a voluntary escape, and rendered his subsequent arrest illegal and the defendant liable therefor.

In z-egard to the first question, we az-e eleazly of opinion that no seal was required to render the warrant…

2Cases cited2 opinions

  1. Bennac v. PeopleNew York Supreme Court · 1848
  2. Millett v. BakerNew York Supreme Court · 1864

3Cited by9 opinions

  1. Simpson v. StateSupreme Court of Arkansas · 1892
  2. State v. . FinchSupreme Court of North Carolina · 1919
  3. Scott v. SpiegelSupreme Court of Connecticut · 1896
  4. In Re NottinghamSupreme Court of Colorado · 1928
  5. Leonard v. RoddaCourt of Appeals for the D.C. Circuit · 1895

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