Maguire v. Hughes

M. W. Hughes, Mayor of the town of Jackson and ex officio Justice of the Peace, and N. G. Noswortky, Constable of the town of Jackson, have appealed from a judgment condemning them in solido to pay the plaintiff, John Maguire, forty-five dollars, as damages for an illegal and unwarranted arrest.

Nosworthy justifies himself by alleging that he acted under a warrant issued by a magistrate of competent authority and having jurisdiction in the premises.

Hughes pleads a similar defence, and urges that his conduct was legal, and if defective in any respect, that his good faith in the discharge of an…