Sparhawk v. Hall
Supreme Court of Vermont
Trespass for false imprisonment on November 19, 1877. Plea general issue, and plea of regular process returnable to the County Court then “ next to be held at St. Johnsbury, within and for the county of Caledonia, on the first Tuesday of June, 1878,” issued as a capias before the time in the declaration mentioned, to wit, on November 19, at suit of the defendants on affidavit in due form ; placing of the same in the hands of an officer after-wards on the same day “ with…
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Trespass for false imprisonment on November 19, 1877. Plea general issue, and plea of regular process returnable to the County Court then “ next to be held at St. Johnsbury, within and for the county of Caledonia, on the first Tuesday of June, 1878,” issued as a capias before the time in the declaration mentioned, to wit, on November 19, at suit of the defendants on affidavit in due form ; placing of the same in the hands of an officer after-wards on the same day “ with instructions to serve ... as directed ” therein ; and arrest thereunder afterwards on the same day, and not otherwise.…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The plaintiff declares for a single act of trespass —one arrest and imprisonment. The defendants justify that act under the process set out in their plea and an averment that they directed the officer, when they delivered the process to him, to serve as directed therein. The process was regular in form and returnable to the June Term, 1878, of the Caledonia County Court, and issued as a capias. By way of replication to the plea, the plaintiff averred that after the defendants delivered said process to the officer with the instruction to serve…
2Cases cited2 opinions
- Nelson v. DenisonSupreme Court of Vermont · 1843
- Bragg v. WetzelIndiana Supreme Court · 1839