Mather v. Hood
New York Supreme Court
THIS was an action of trespass, assault and battery, 1 ' J ° an¿ false imprisonment. The cause was tried before the Chief Justice, at the Seneca circuit, the 20th June, 1810. At the trial the plaintiff, to support the- action, called the sheriff of the county of Seneca, as a witness, who testified, that by virtue of a mittimus, issued under the ' hand and seal of the defendant, a justice of the peace of the county, and by the command of the defendant, he arrested the…
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THIS was an action of trespass, assault and battery, 1 ' J ° an¿ false imprisonment. The cause was tried before the Chief Justice, at the Seneca circuit, the 20th June, 1810. At the trial the plaintiff, to support the- action, called the sheriff of the county of Seneca, as a witness, who testified, that by virtue of a mittimus, issued under the ' hand and seal of the defendant, a justice of the peace of the county, and by the command of the defendant, he arrested the plaintiff, and detained him in custody, until he had paid ten dollars, as stated in the plaintiff’s declaration. The mittimus…
1Per curiam
The defendant at the trial justified under a record of his proceedings, by virtue of the act to preventforcible entries and detainers. The first section of the act (Laws, vol. 1. 101.) gives power to any justice of the peace, upon complaint, to go to the place where the force is made, and record the force, and set a fine not exceeding Si. upon each offender, and to commit them to gaol until the fine be paid. This section was taken literally from the statute of 15 Rich, II. c. 2.; and the English decisions under that statute are applicable to this case. The defendant acted under the authority…
2Cited by9 opinions
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