Legal Opinion

Chipman v. Bates

Supreme Court of Vermont

Decided January 15, 1843PublishedCited by 8 opinions

This was an action of trespass in three counts, for breaking, and entering, the dwelling house of the plaintiff; to the last of which the defendant pleaded in bar, a justification under a search warrant, setting forth that he had been lawfully possessed of a certain ram, which had been stolen from him ; that, .upon his complaint, on oath, that he had reasonable, probable and sufficient cause to suspect and believe that said ram was by the plaintiff, knowing said ram to have…

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This was an action of trespass in three counts, for breaking, and entering, the dwelling house of the plaintiff; to the last of which the defendant pleaded in bar, a justification under a search warrant, setting forth that he had been lawfully possessed of a certain ram, which had been stolen from him ; that, .upon his complaint, on oath, that he had reasonable, probable and sufficient cause to suspect and believe that said ram was by the plaintiff, knowing said ram to have been stolen, secreted in his dwelling house, a war» rant was issued by a justice of the peace, directed to the constable…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

The third count in the declaration is in trespass for breaking and entering the dwelling-house of *59the plaintiff. The plea justifies the breaking, &c., under a mi • i ♦ i search warrant. This plea is demurred to.

A warrant of this description is recognized both by our constitution and laws, and the authority of a justice of the , , , . . peace, to issue such a warrant has never been questioned. The constitution requires, that such warrants shall not issue, without oath or affirmation first made, affording sufficient foundation for them :…

2Cases cited1 opinion

  1. Beaty v. PerkinsNew York Supreme Court · 1831

3Cited by8 opinions

  1. State v. PetersonWyoming Supreme Court · 1920
  2. State ex rel. Samlin v. District CourtMontana Supreme Court · 1921
  3. Womack v. StateSupreme Court of Alabama · 1967
  4. Wallace v. StateIndiana Supreme Court · 1927
  5. United States v. Salvatore Finazzo, Dominic J. LicavoliCourt of Appeals for the Sixth Circuit · 1978

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