Dyer v. Smith
Supreme Court of Connecticut
This was an action of trespass for false imprisonment; tried at Brooklyn, January term, 1837, before Waite, J. The plaintiff claimed and offered evidence to prove, that the defendant, being a justice of the peace of the state of Rhode-Island, issued a writ against the plaintiff, upon a promissory note for the sum of five dollars, payable to William Smith, or bearer, in the name of one Hawkins, as the bearer, returnable before the defendant, as such justice of the peace, at…
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This was an action of trespass for false imprisonment; tried at Brooklyn, January term, 1837, before Waite, J. The plaintiff claimed and offered evidence to prove, that the defendant, being a justice of the peace of the state of Rhode-Island, issued a writ against the plaintiff, upon a promissory note for the sum of five dollars, payable to William Smith, or bearer, in the name of one Hawkins, as the bearer, returnable before the defendant, as such justice of the peace, at his dwelling-house in Gloucester, in that state, on a certain day, at one o’clock in the afternoon •, which writ was duly…
1Opinion of the CourtWaite, J.
The defendant in this case was a justice of the peace in the state of Rhode-Island, and as such, had rendered judgment, by default, against the plaintiff, issued an execution upon that judgment, and caused him to be committed to gaol. The plaintiff claimed, that that judgment was rendered after the suit had been discontinued, and consequently, was invalid, and afforded no protection to the plaintiff’s demand. The validity of that judgment depended entirely upon the laws of the state of Rhode-Island, where it was rendered. So long as the defendant, in the discharge of his official duties,…
2Cases cited4 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Church v. HubbartSupreme Court of the United States · 1804
- Talbot v. SeemanSupreme Court of the United States · 1801
- Brush v. ScribnerSupreme Court of Connecticut · 1836
3Cited by14 opinions
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- State ex rel. Egan v. WoleverIndiana Supreme Court · 1891
- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
- Case v. BushSupreme Court of Connecticut · 1919
- Hite v. KeeneWisconsin Supreme Court · 1912
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