Hunt v. Wickwire & Foot
New York Supreme Court
This was an action for false imprisonment, tried at the Madison circuit in September, 1830, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action for false imprisonment, tried at the Madison circuit in September, 1830, before the Hon. Nathan Williams, one of the circuit judges. The imprisonment complained of consisted in an arrest on an execution issued by Foot, as a justice of the peace, on a judgment rendered by him in favor of Wickwire and another against Hunt, in a cause in which Hunt alleged a discontinuance had taken place previous to the rendition of the judgment under these circumstances : In February, 1828, Hunt having been brought before the justice on a warrant at the suit of Wickwire and another, the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is in general true that un- • less a cause is tried at the time appointed, or within one hour, such omission amounts to a discontinuance, and the cause is out of court; but this is not universally so. If the justice is engaged at the hour in trying another cause which occupies him till after the time, that is a good reason for the delay, and no rights are lost to either party. The justice may proceed, if he does so, as soon as possible after his other official engagements are disposed of. I can see no good reason why any official duty of the justice is not a good…
2Cases cited1 opinion
- Horton v. AuchmoodyNew York Supreme Court · 1831
3Cited by8 opinions
- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
- Chaddock v. DayMichigan Supreme Court · 1889
- Burgess v. TweedySupreme Court of Connecticut · 1843
- Stadler v. MoorsMichigan Supreme Court · 1861
- Parsons v. Aultman, Miller & Co.West Virginia Supreme Court · 1898
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