Gibson v. Holmes
Supreme Court of Vermont
Trespass for false imprisonment. Plea, the general issue, with notice of justification under process. Trial by jury at the March Term, 1903, Franklin County, Tyler, J., presiding. At the close of all the evidence the court ordered a verdict for the defendants. Judgment on verdict. The plaintiff excepted. The writ upon; which the plaintiff was arrested was returnable before a justice of the peace at Richford, Vt. The opinion fully states the case.
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Trespass for false imprisonment. Plea, the general issue, with notice of justification under process. Trial by jury at the March Term, 1903, Franklin County, Tyler, J., presiding. At the close of all the evidence the court ordered a verdict for the defendants. Judgment on verdict. The plaintiff excepted. The writ upon; which the plaintiff was arrested was returnable before a justice of the peace at Richford, Vt. The opinion fully states the case. The defendant should have committed- the plaintiff at Newport. By committing plaintiff to the jail in St. Albans, defendant became a trespasser ab…
1Opinion of the CourtRowell, C. J.
Trespass for false imprisonment. The defendants separately justified under a justice writ in favor of the defendant Holmes against the plaintiff, issued as a capias, brought to recover for goods sold and delivered, and served by the defendant Pharneuf by arresting the plaintiff in Orleans County.
The plaintiff claims that he was in bankruptcy in Massachusetts, where he lived, and therefore was privileged from arrest, as his discharge would release him from the debt sued for. But he can take nothing by this claim, for it does not appear that he was in bankruptcy. The certified copy of the…
2Cases cited27 opinions
- Moulton v. BowkerMassachusetts Supreme Judicial Court · 1874
- State v. ShawSupreme Court of Vermont · 1901
- Foster v. WileyMichigan Supreme Court · 1873
- Poucher v. . BlanchardNew York Court of Appeals · 1881
- Armstrong v. ColbySupreme Court of Vermont · 1875
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3Cited by16 opinions
- Murby v. United StatesCourt of Appeals for the First Circuit · 1923
- Denton v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Olson v. HaggertyWashington Supreme Court · 1912
- Dorothy A. Fleming v. Evelyn McEnanyCourt of Appeals for the Second Circuit · 1974
- United States v. ClarkDistrict Court, S.D. Alabama · 1924
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