Pearl v. Rawdin
Supreme Court of Connecticut
MOTION for a new (rial. This was an action on the case. The declaration slated that the defendant was arrested by the plaintiff, as an indifferent person, by virtue of a warrant issued on complaint of one Lucy Humphrey, upon the statute concerning bastards and bastardy ¿-that the defendant was brought before a magistrate, and ordered to give bonds for bis appearance before the County Court, &c.; that he neglected to give bonds, and (hereupon, the magistrate granted a…
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MOTION for a new (rial. This was an action on the case. The declaration slated that the defendant was arrested by the plaintiff, as an indifferent person, by virtue of a warrant issued on complaint of one Lucy Humphrey, upon the statute concerning bastards and bastardy ¿-that the defendant was brought before a magistrate, and ordered to give bonds for bis appearance before the County Court, &c.; that he neglected to give bonds, and (hereupon, the magistrate granted a mittimus, directing the plaintiff, as indifferent person, to commit him to prison ; that by virtue of the mittimus, the…
1Opinion of the Court
Tuumbuli,, J.
When an officer holds any person a pri-oner in legal custody, on arrest, and the prisoner escapes by force, or otherwise, against his will, the officer has a right to his body, and power to retake him, at any place to which he may abscond. It is a matter of no consideration, whether his original writ could have been legally served within the jurisdiction, in which he retakes him ; for he retakes him, not by that writ, but by virtue of the hold he had on him by (lie arrest.
By the common law, if a prisoner escape into another county, in which the sheriff has no jurisdiction, and is…
2Cited by1 opinion
- Town of Canterbury v. BennettSupreme Court of Connecticut · 1852