Rogers v. Brewster
New York Supreme Court
ON, certiorari, from a justice’s court. The plaintiff brought an action on the case, against fhe defendant, for maliciously distraining a valuable horse, out of his team, for a militia fine, and refusing ' 7 ° to take other property, by reason whereof, a great sácrifice of the plaintiff’s property was made. The defendant justified under a warrant from the president of a . , , n . r ■ TT . . , . court-martial, and called for a jury.
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ON, certiorari, from a justice’s court. The plaintiff brought an action on the case, against fhe defendant, for maliciously distraining a valuable horse, out of his team, for a militia fine, and refusing ' 7 ° to take other property, by reason whereof, a great sácrifice of the plaintiff’s property was made. The defendant justified under a warrant from the president of a . , , n . r ■ TT . . , . court-martial, and called for a jury. Upon the trial, it • was proved that the defendant required of the president of the court-martial, the warrant against the plaintiff, and said he would collect it…
1Per curiam
The statute concerning distresses, &c. does not apply to the case of a levy upon personal property, by an officer, by warrant, in the nature of an execution. But the constable appears to have executed the warrant in an unreasonable and oppressive manner, and with the avowed and malicious design to vex and oppress the plaintiff below. When the oppression and malice are thus charged as the gist of the action, and are clearly made out, an action on the case will lie. The oppression of officers, in the execution of process, is indictable; (T. Raym. 216. Cro. Jac. 426.) and a great abuse of the…
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