Millett v. Baker
New York Supreme Court
MOTION for a new trial, in an action for assault and battery and false imprisonment, tried at the Onondaga circuit, September, 1863, before Hon. J. Mullin and a jury.
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MOTION for a new trial, in an action for assault and battery and false imprisonment, tried at the Onondaga circuit, September, 1863, before Hon. J. Mullin and a jury. It appeared that in April, 1863, the defendant Hopkins was an overseer of the poor, and Baker a justice of the peace of the town of Manlius, and that, upon the application of Hopkins, Baker issued a warrant for the arrest of Millett, as the putative father of a bastard child, upon which he was arrested and brought before the justice, and an order of affiliation was made against him. All the proceedings and the arrest were…
1Opinion of the Court
By the Court,
Foster, J.
The statute, under which the warrant in this case was issued, directed the justice “ to issue his warrant, directed to any constable” &c. and did not specify whether it_ should be under seal or not; and the only question is, whether a seal was necessary to its validity at common law; or rather, whether the term loarrant, ex vi termini, imports an instrument under the seal of the court or officer which issues it.
1. It is said in 2 Hawk. Pl. Cr, B, 6, “that it ought to be under the hand and seal of the justice who makes it out,” (citing 1 Hale, 577; 2 id. Ill; Dalt. C.…
2Cases cited1 opinion
- Beekman v. TraverNew York Supreme Court · 1838
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