Kelsey v. Parmelee
Supreme Court of Connecticut
This was an action of trespass for the arrest and imprisonment of the plaintiffs. The defendants pleaded, that Charles Parker, being duly-appointed, by the court of probate for the district of Wal-lingford in New-Haven county, administrator on the estate of Chauncey Parker, on the 6th of April, 1841, made complaint, as such administrator, to the defendant, Lyman Parker, a justice of the peace for the county of New-Haven, charging the present plaintiffs with having in their…
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This was an action of trespass for the arrest and imprisonment of the plaintiffs. The defendants pleaded, that Charles Parker, being duly-appointed, by the court of probate for the district of Wal-lingford in New-Haven county, administrator on the estate of Chauncey Parker, on the 6th of April, 1841, made complaint, as such administrator, to the defendant, Lyman Parker, a justice of the peace for the county of New-Haven, charging the present plaintiffs with having in their possession and custody, sundry goods and chattels of the deceased, and refusing to deliver them, on demand ; praying for…
1Opinion of the Court
Williams, Ch. J.
The question arising on the demurrer to the defendants’ plea, is, whether the justice might direct his warrant to an indifferent person, by name, as in criminal cases. If he might, it is not claimed, that the plaintiffs can recover ; if he could not, the defendants’ plea is clearly insufficient.
By statute, it is made the duty of sheriffs and constables, to execute all lawful writs, processes and warrants, directed to them. By another statute, every justice of the peace has authority to issue process, to be served in any part of the state, to apprehend and bring before him any…
2Cited by3 opinions
- Meek v. PierceWisconsin Supreme Court · 1865
- Town of Hamden v. CollinsSupreme Court of Connecticut · 1912
- Miller v. HogeboomNebraska Supreme Court · 1898