Rutherford v. . Holmes
New York Court of Appeals
Appeal from order of the General Term of the Supreme Gourt in the third judicial department, setting aside a non-suit and granting a new trial. (Reported below, 5 Hun, 31.) This was an action for false imprisonment.
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Appeal from order of the General Term of the Supreme Gourt in the third judicial department, setting aside a non-suit and granting a new trial. (Reported below, 5 Hun, 31.) This was an action for false imprisonment. The defence was that defendant was a justice of the peace of the town of Colchester, Delaware county, and that he caused plaintiff to be imprisoned for contempt in refusing to answer a question put to her, as a witness, in an action on trial before him, as such justice. Plaintiff’s evidence tended to show that plaintiff was defendant in a suit pending before defendant, as justice,…
1Opinion of the CourtFolger, J.
The point made by the plaintiff, that the court erred at Circuit, -in not holding that the defendant, to justify his act, was bound to show in defence and affimatively, that he was a justice of the peace degure, is not well taken. The opening of the plaintiff’s counsel, and the testimony of the plaintiff, show that it was substantially conceded, that he had the title to the office and was in the exercise of the powers and jurisdiction of it.
The( important question in the case is, whether the defendant, upon the facts now shown, had the power- to commit the plaintiff for contempt. That he had…
2Cited by31 opinions
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- People v. De FeoNew York Court of Appeals · 1955
- Warner v. State of New YorkNew York Court of Appeals · 1948
- Coyne v. PlumeSupreme Court of Connecticut · 1916
- Cooke v. BangsU.S. Circuit Court for the District of Minnesota · 1887
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