Lucas v. Albee
Court for the Trial of Impeachments and Correction of Errors
Motion to set aside an order made by a supreme court commissioner, by which he vacated a former order made by him to hold to bail. The defendant was arrested by the sheriff of Columbia county and committed to jail on the 20th June, 1845, on the capias in this cause, upon which a supreme court commissioner had endorsed an order to hold to bail.
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Motion to set aside an order made by a supreme court commissioner, by which he vacated a former order made by him to hold to bail. The defendant was arrested by the sheriff of Columbia county and committed to jail on the 20th June, 1845, on the capias in this cause, upon which a supreme court commissioner had endorsed an order to hold to bail. The suit was for an assault and battery and false imprisonment, and the order for bail was granted upon the ground that the defendant was not.a resident of this state. On the 23d of June, the commissioner vacated the order to hold .to bail after hearing…
1Opinion of the Court
By the Court, Jewett, J.
The defendant is not within the rule by which suitors and witnesses are privileged from arrest whilst going to, attending at, or returning from court. (Williams v. Bacon, 10 Wend. 636.) And there is no ground to sustain the allegation that the criminal proceeding was resorted to, to bring him within the jurisdiction of this court for the purpose of proceeding against him civiliter. When arrested under the warrant the defendant was within the jurisdiction of this *668court, and there is nót, as I can discover, the slightest evidence that the plaintiff had by any means…
2Cases cited1 opinion
- Williams v. BaconNew York Supreme Court · 1834
3Cited by7 opinions
- In re HendersonNorth Dakota Supreme Court · 1914
- Thermoid Co. v. FabelNew York Court of Appeals · 1958
- Rosenblatt v. RosenblattNew York Supreme Court · 1920
- Fields v. RagelmeirLucas County Court of Common Pleas · 1908
- Jones v. United States Slates Co.New York Supreme Court · 1857
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