Gurnsey v. Lovell
New York Supreme Court
Error from the Saratoga common pleas. Lovell sued Gurnsey and Knight forfalse imprisonment. The defendants pleaded the general issue, and specially that Lovell was arrested by Knight, (a constable,) on a warrant issued by C. Hageman, one of the justices of the peace of the counjy of Saratoga, commanding John Doe and Richard Roe to be taken and brought before him on complaint that they had disturbed a religious meeting; averring that Lovell and one of the persons named in the…
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Error from the Saratoga common pleas. Lovell sued Gurnsey and Knight forfalse imprisonment. The defendants pleaded the general issue, and specially that Lovell was arrested by Knight, (a constable,) on a warrant issued by C. Hageman, one of the justices of the peace of the counjy of Saratoga, commanding John Doe and Richard Roe to be taken and brought before him on complaint that they had disturbed a religious meeting; averring that Lovell and one of the persons named in the warrant was one and the same person, and was as well known by one name as the other. The plaintiff replied denying the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The jury could not regularly decide an issue in relation to which all evidence had been excluded ; but if the finding had been regular it would be conclusive upon the defendants below, for if the justice had jurisdiction to arrest John Doe and Richard Roe, a warrant against them would not, at the time when this arrest was made, justify the arrest of any other person. The defendants could nol justify the arrest of the plaintiff by a wrong name, though he was the person intended to be arrested, unless he was known as well by one name as the other. 8 East, 328. 6…
2Cases cited1 opinion
- Holley v. MixNew York Supreme Court · 1829
3Cited by14 opinions
- West v. CabellSupreme Court of the United States · 1894
- Prell v. McDonaldSupreme Court of Kansas · 1871
- Faulks v. PeopleMichigan Supreme Court · 1878
- People v. MorrellNew York Supreme Court · 1839
- Winters v. CampbellWest Virginia Supreme Court · 1964
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