Young v. Gormley

The evidence tends to establish the following facts; The appellants are, respectively, mayor and maishal of the town of Mt. Vernon.- On the claim that certain land occupied by the plaintiff was a public street, the mayor ordered the fences, sidewalk, and other obstruc*374tions to the use of said alleged street removed therefrom. The plaintiff resisting such interference with his possession, the marshal, acting under the orders of the mayor, but without warrant, arrested him. On being taken before the mayor, plaintiff demanded to know the charge made against him, and asked for a trial; but the…