Gano v. . Hall
New York Court of Appeals
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
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- In Re NottinghamSupreme Court of Colorado · 1928
- Leonard v. RoddaCourt of Appeals for the D.C. Circuit · 1895
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