Gurney v. Tufts
Supreme Judicial Court of Maine
De Homine Replegiando. The writ was returnable . to the late. District Court, and was as follows: — “We command you, that justly and without delay, you cause to be replevied John Gurney, who, (as it is said) is taken and detained in a place called Alfred, within our said county of York, by the duress of Thomas P. Tufts, of Saco, in the county of York, and is there unlawfully imprisoned and restrained of Ms.liberty, by the said Thomas P. Tufts; that he, the said John Gurney,…
Read the full summary
De Homine Replegiando. The writ was returnable . to the late. District Court, and was as follows: — “We command you, that justly and without delay, you cause to be replevied John Gurney, who, (as it is said) is taken and detained in a place called Alfred, within our said county of York, by the duress of Thomas P. Tufts, of Saco, in the county of York, and is there unlawfully imprisoned and restrained of Ms.liberty, by the said Thomas P. Tufts; that he, the said John Gurney, may appear at our District Court, for the Western District, next to be holdenat Alfred, within and for our said county…
1Opinion of the CourtAppleton, J.
— The writ of personal replevin is given by R. S., c. 142, to any one imprisoned, restrained of liberty or held in duress, for the purpose of testing the legality of such imprisonment, restraint of liberty or ‘duress, and if proved to be illegal, the plaintiff is entitled tp his discharge and to his costs.
The defendant justifies the arrest of the plaintiff, as a *133constable, by virtue of a warrant issued by the Police Judge of Saco, against him, and the question is, whether such Judge had jurisdiction over the subject matter of the complaint set forth therein, and over the person of the…
2Cases cited4 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Harrington v. PeopleNew York Supreme Court · 1849
- Dominick v. EackerNew York Supreme Court · 1848
- Churchill v. ChurchillSupreme Court of Vermont · 1839
3Cited by6 opinions
- Ex parte BernertCalifornia Supreme Court · 1881
- Rasmussen v. Zundel, Sheriff, Etc.Utah Supreme Court · 1926
- Ingraham v. BootonSupreme Court of Minnesota · 1912
- Billingsley v. PeopleAppellate Court of Illinois · 1900
- Crawford v. HuberMichigan Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.