Buzzell v. Emerton
Massachusetts Supreme Judicial Court
Tort, for false arrest. The defendant justified in his answer as a constable in the service of due process of law. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Tort, for false arrest. The defendant justified in his answer as a constable in the service of due process of law. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced evidence tending to show that the defendant came to the plaintiff’s house in Everett at about 9.80 o’clock in the evening of June 80, 1891, and arrested the plaintiff, alleging that he did so under a writ in favor of Frank M. Adams against the plaintiff, dated June 30, 1891, returnable to the First District Court of Eastern Middlesex ; that the…
1Opinion of the CourtBarker, J.
1. The evidence tended to show that the plaintiff upon his arrest was, at his own request, taken to the office of a lawyer with whom he consulted, and then to the residence of one magistrate for the purpose of giving bail, and to the residence of another, where he did give bail, and that he paid for drafting the bail bond and for half of the carriage hire; and also that when the writ on which he had been arrested was entered he appeared, filed an answer making no objection to the service, placed the case upon the trial list, and consented to dispose of it by an entry of “ Neither party,” with…
2Cases cited3 opinions
- Lane v. HolmanMassachusetts Supreme Judicial Court · 1887
- Carleton v. Akron Sewer Pipe Co.Massachusetts Supreme Judicial Court · 1880
- Learnard v. BaileyMassachusetts Supreme Judicial Court · 1872
3Cited by4 opinions
- Nees v. Julian Goldman Stores, Inc.West Virginia Supreme Court · 1930
- Knickerbocker Steamboat Co. v. CusackCourt of Appeals for the Second Circuit · 1905
- Comfort v. United Insurance Finance Corp.Massachusetts District Court, Appellate Division · 1942
- Island Coal Co. v. NealIndiana Court of Appeals · 1896