Russell v. Hubbard

By the Court, Allen, J.

This is an action for assault and-battery and false imprisonment, in which the defendant justifies by plea, as a constable under a warrant of commitment, issued by a justice of the peace of the county of Oneida, upon a conviction of the plaintiff for the offense of petit larceny. The *655defendant, in his plea, has set out the warrant in hcec verba. It is not directed to any officer, or class of officers, or to any other-person ; and the plaintiff has demurred to the plea ; assigning the want of a direction in the warrant as one of the causes of demurrer.

The statute (2 R.…