Parsons v. Brainard
New York Supreme Court
Error from the Lewis common pleas. Brainard sued Parsons & Hall in an action of assault, battery and false imprisonment. Parsons was a justice of the peace of the town of Leyden, and, together with two other justices, presided at a town meeting. Parsons acted as moderator.
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Error from the Lewis common pleas. Brainard sued Parsons & Hall in an action of assault, battery and false imprisonment. Parsons was a justice of the peace of the town of Leyden, and, together with two other justices, presided at a town meeting. Parsons acted as moderator. A proposition was-made to elect hog-howards, (whose duty it seems was understood to be, to catch hogs.running at large and put rings in their noses.) Brainard was nominated to the office of hog-howard; a vote of the meeting was called by Parsons, and Brainard was elected. Brainard thereupon nominated Parsons as hog-howurd’s…
1Opinion of the Court
By the Court,
Bronson, J.
The court below has recognized no distinction between measures adopted for the purpose of putting an end to existing disorder in a public assembly, and those which have for their object the punishment of the offender. By the statute, the justices are to preside at the town meeting, and see that the same is orderly and regularly conducted (1 R. S. 342, § 11, 12). They have full authority to maintain regularity and order, and to enforce obedience to their lawful commands (Id. 137, § 35). Stopping here, there would be little room for question that the justices were well…
2Cited by2 opinions
- Arrington v. MooreCourt of Special Appeals of Maryland · 1976
- Thompson v. WhippleSupreme Court of Arkansas · 1891