Leddy v. Crossman
Massachusetts Supreme Judicial Court
Tort for false imprisonment. At the trial in the superior court, before Reed, J., it appeared that the defendant was a deputy of the constable of the Commonwealth, and was engaged in searching the plaintiff’s tenement for intoxicating liquors in the execution of a warrant under the St. of 1869, e. 415; that the plaintiff hindered and opposed him in the execution of the war-' rant; that blows were exchanged between them; and that “ at some stage of these proceedings ” he…
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Tort for false imprisonment. At the trial in the superior court, before Reed, J., it appeared that the defendant was a deputy of the constable of the Commonwealth, and was engaged in searching the plaintiff’s tenement for intoxicating liquors in the execution of a warrant under the St. of 1869, e. 415; that the plaintiff hindered and opposed him in the execution of the war-' rant; that blows were exchanged between them; and that “ at some stage of these proceedings ” he arrested the plaintiff. But “ the testimony left it uncertain at what time, whether after the assault and hindering had…
1Opinion of the CourtAmes, J.
The violent resistance of the plaintiff to the execu-
tion of a lawful warrant would have justified his immediate arrest by the officer. It was not necessary, in order to justify such *238arrest, that the officer should give up the service of the process which he had'begun, or postpone it until he had disposed of the new case arising from the plaintiff’s interference. If the service of the process, the plaintiff’s resistance to that service, and his arrest, were all parts of the same transaction, the arrest was not unlawful. This question was put to the jury under proper instructions, and their…
2Cited by4 opinions
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- State v. . McClureSupreme Court of North Carolina · 1914
- State v. McClureSupreme Court of North Carolina · 1914
- Formwalt v. HyltonTexas Supreme Court · 1886