Legal Opinion

Smith v. Warden

New York Supreme Court

Decided June 15, 1875Published

Motion for a new trial on a case, and exceptions ordered to be heard in the first instance at General Term.

1Opinion of the Court

James, J.:

This action was for false imprisonment. The case shows that defendant was a constable of the town of Solon, Cortland county, and Samuel McGuire, a justice of the peace of said county. That, on the 31st day of March, 1871, the said McGuire, as a justice of *788the peace, issued a warrant against the plaintiff, directed to the sheriff or to any constable of the county of Oortland, to arrest Orlando M. Smith, the said plaintiff, and bring him before said justice, at his office in the said town of Solon, to answer, etc., and delivered said warrant to one Pierce, also a constable of said…

2Cases cited3 opinions

  1. Savacool v. BoughtonNew York Supreme Court · 1830
  2. Atchinson v. SpencerNew York Supreme Court · 1832
  3. Stewart v. HawleyNew York Supreme Court · 1839

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