Wallsworth v. M'Cullough
New York Supreme Court
THIS was an action of false imprisonment. The cause was * tried at the Chenango circuit, before Mr. Justice Van Ness, in September, 1812, and a verdict taken for the plaintiff, subject to the opinion of the court on a case, containing the following facts: The plaintiff was arrested, by virtue of a warrant, issued by the defendant, a justice of the county of Chenango, on the complaint of one of the overseers of the poor of the town of Norwich, under the second section of the…
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THIS was an action of false imprisonment. The cause was * tried at the Chenango circuit, before Mr. Justice Van Ness, in September, 1812, and a verdict taken for the plaintiff, subject to the opinion of the court on a case, containing the following facts: The plaintiff was arrested, by virtue of a warrant, issued by the defendant, a justice of the county of Chenango, on the complaint of one of the overseers of the poor of the town of Norwich, under the second section of the act for the relief of cities and towns from the maintenance of bastard children, &c. setting forth the examination of…
1Per curiam
The warrant issued without authority, because it was not issued upon the complaint of the overseers of the poor, or either of them. The justice, acting ministerially in this case, was responsible for issuing the warrant, without the application required by the statute. The subsequent consent of one of the overseers, that the proceedings might go on, would not deprive the plaintiff of his action for the previous arrest upon a warrant irregularly issued.
Judgment for the plaintiff.
2Cited by4 opinions
- People ex rel. Board of Police & Excise Commissioners v. ShulmanAppellate Division of the Supreme Court of the State of New York · 1896
- Sprague v. EcclestonNew York Supreme Court · 1869
- Rivenburgh v. HennessNew York Supreme Court · 1871
- Maguire v. HughesSupreme Court of Louisiana · 1858