Weeks v. Ellis
New York Supreme Court
The declaration in this cause contained three counts for an assault and battery, and false imprisonment, alleged in the first count, to have been committed on the 16th of December, 1845, at Champion in the county of Jefferson, and in the second and third counts to have been committed on the 26th of January, 1846, at the same place. The defendants, Ellis and Brooks, united in joint pleas, separate from the other defendants, Lynde and Lewis.
Read the full summary
The declaration in this cause contained three counts for an assault and battery, and false imprisonment, alleged in the first count, to have been committed on the 16th of December, 1845, at Champion in the county of Jefferson, and in the second and third counts to have been committed on the 26th of January, 1846, at the same place. The defendants, Ellis and Brooks, united in joint pleas, separate from the other defendants, Lynde and Lewis. They pleaded to each count separately, and the same questions arose on each set of pleadings, The third plea was to the first count, the fifth to the…
1Opinion of the Court
By the Court, Willard, J.
The important question raised by this demurrer is, whether the omission of Lynde, one of the justices by whom the order of filiation was made, and the warrant of commitment was signed, to take the oath of office on his re-election, before entering upon his duties in January, 1846, makes the defendants Ellis and Brooks, the overseers of the poor, trespassers in causing the arrest of the plaintiff. The proceedings detailed in the plea are such as were required by tit. 6, ch. 20, of the 1st part of the revised statutes. By statute, it was the duty of the defendants, as…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Low v. RiceNew York Supreme Court · 1811
3Cited by21 opinions
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- Foot v. . StilesNew York Court of Appeals · 1874
- Auditor General v. Board of SupervisorsMichigan Supreme Court · 1891
- Commissioners of Saline Co. v. AndersonSupreme Court of Kansas · 1878
16 more not listed; retrieve them via the Exa API.