Hager v. Danforth
New York Supreme Court
APPEAL from an order made at a special term, denying a new trial. The action was brought to recover damages for an assault and battery alleged to have been committed upon Mrs. Hager. It was tried at the Schoharie circuit, in September, 1852, before Mr.-Justice Wright.
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APPEAL from an order made at a special term, denying a new trial. The action was brought to recover damages for an assault and battery alleged to have been committed upon Mrs. Hager. It was tried at the Schoharie circuit, in September, 1852, before Mr.-Justice Wright. It appeared upon the trial, that in August, 1851, a suit was pending before Henry R. Briggs, esquire, a justice of the peace, in which the defendant in this action was plaintiff and the plaintiff, Daniel J. Hager, was defendant. On the day upon which the suit was to be tried, the defendant Danforth procured from the justice a…
1Opinion of the Court
By the Court, Harris, J.
The defendant went to the plaintiff’s house with process which he was authorized by law to serve. (2 R. S. 240, § 82.) The person upon whom he was to make the service, was in the house. These facts amounted to a legal license, and, having found the door open, and entered peaceably, the defendant was lawfully there. Deriving his authority to be there from the law, and not from the consent of the plaintiffs, he was under no obligation to obey Mrs. Hager, when she ordered him to leave. Hot having conferred upon him his license, she had no power to revoke it. He was as…
2Cited by2 opinions
- Hull v. BartlettSupreme Court of Connecticut · 1881
- Goff v. BeatySupreme Court of Arkansas · 1923