Underwood v. Robinson
Massachusetts Supreme Judicial Court
Tort for assault and battery and false imprisonment. At the trial in the superior court, before iScudder, J., it was admitted that the defendant, who was a deputy of the sheriff of Middlesex, arrested and imprisoned the plaintiff on a' writ in favor of Erastus C. Brown, issuing out of the superior, court, in an action of contract, with an affidavit and certificate annexed thereto, in accordance with the Gen. Sts. c. 124, § 1, purporting to authorize the arrest of the…
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Tort for assault and battery and false imprisonment. At the trial in the superior court, before iScudder, J., it was admitted that the defendant, who was a deputy of the sheriff of Middlesex, arrested and imprisoned the plaintiff on a' writ in favor of Erastus C. Brown, issuing out of the superior, court, in an action of contract, with an affidavit and certificate annexed thereto, in accordance with the Gen. Sts. c. 124, § 1, purporting to authorize the arrest of the plaintiff; and that the writ, affidavit and certificate were regular in form ; but that the magistrate before whom Brown made…
1Opinion of the CourtGray, J.
It is unnecessary to consider whether the evidence introduced at the trial would have warranted the jury in inferring that the defendant knew that the person, who as a magia trate took the affidavit indorsed upon the writ in the former ac tian, also made out that writ as attorney for the plaintiff therein. That fact did not appear on the face of the process, or affect the jurisdiction of the court from which it issued over the parties or the cause of action; but depended on the officer’s private knowledge of the magistrate’s handwriting and relation to one of the parties to that action, which…
2Cases cited2 opinions
- Chase v. IngallsMassachusetts Supreme Judicial Court · 1867
- Morgan v. NevilleSupreme Court of Pennsylvania · 1873
3Cited by11 opinions
- Bird v. PerkinsMichigan Supreme Court · 1875
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- Cone v. ForestMassachusetts Supreme Judicial Court · 1879
- Mathews v. DensmoreMichigan Supreme Court · 1880
- David v. LarochelleMassachusetts Supreme Judicial Court · 1936
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