Paine v. Kelley
Massachusetts Supreme Judicial Court
Tort for false imprisonment. Writ in the Superior Court for the county of Bristol dated April 17, 1905. The declaration was in a single count and alleged that the defendant, intending to arrest the plaintiff on mesne process in an action of contract, fraudulently induced him to come into this Commonwealth from Rhode Island, falsely made the oath required by R. L. c. 168, § 1, and caused his arrest and imprisonment.
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Tort for false imprisonment. Writ in the Superior Court for the county of Bristol dated April 17, 1905. The declaration was in a single count and alleged that the defendant, intending to arrest the plaintiff on mesne process in an action of contract, fraudulently induced him to come into this Commonwealth from Rhode Island, falsely made the oath required by R. L. c. 168, § 1, and caused his arrest and imprisonment. At the trial, which was before Hardy, J., there was evidence that the defendant had an appointment with the plaintiff in Providence, Rhode Island, for the morning of March 18, on a…
1Opinion of the CourtBraley, J.
If the plaintiff’s arrest and subsequent imprisonment at the procurement of the defendant were justified, because *26in accordance with due course of law, the first ruling requested should have been granted. The plaintiff, who was domiciled in another State, so long as he remained there was not amenable to civil process issued in this jurisdiction. If, however, he voluntarily came here, then, even if a non-resident, as the alleged contract. upon which the action is brought followed his person, he became subject to our laws for the collection of debts, and not only could a valid service be made…
2Cases cited12 opinions
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Peabody v. HamiltonMassachusetts Supreme Judicial Court · 1870
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Wanzer v. BrightIllinois Supreme Court · 1869
- Barrell v. BenjaminMassachusetts Supreme Judicial Court · 1819
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- McNulty v. WhitneyMassachusetts Supreme Judicial Court · 1930
- Noyes v. ShanahanMassachusetts Supreme Judicial Court · 1950
2 more not listed; retrieve them via the Exa API.