Legal Opinion

Barrett v. Copeland

Supreme Court of Vermont

Decided September 15, 1844PublishedCited by 11 opinions

Trespass for assault and battery and false imprisonment. The plaintiff alleged in his declaration, in substance, that the defendant seized him in Bennington, in the county of Bennington, on the 25th day of March, 1842, and forced him into a wagon, and conveyed him, against his will, to Middletown, in the county of Rutland, and there released him ; and special damage was set forth.

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Trespass for assault and battery and false imprisonment. The plaintiff alleged in his declaration, in substance, that the defendant seized him in Bennington, in the county of Bennington, on the 25th day of March, 1842, and forced him into a wagon, and conveyed him, against his will, to Middletown, in the county of Rutland, and there released him ; and special damage was set forth. The defendant pleaded the general issue, and also a plea in justification, in which he averred, in substance, that he was constable of the town of Middletow.n, in the county of Rutland, and that, on the 28th day of…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

We consider the rule well settled, that were this a case involving the truth or falsehood of the return, as between the parties to the original suit, or if the return was relied upon as evidence against this defendant, it should be holden as conclusive. Washburn’s Digest 354, and cases there cited. Lofft 371. Goubot v. De Crouy, 2 Dowl. P. C. 86. The same doctrine is established by numerous decisions in Massachusetts, and prevails, as I apprehend, in most of the states except Connecticut. It is there held, that the return, except as against…

2Cases cited2 opinions

  1. Hathaway v. GoodrichSupreme Court of Vermont · 1833
  2. Sias v. BadgerSuperior Court of New Hampshire · 1833

3Cited by11 opinions

  1. City of Chicago v. GageIllinois Supreme Court · 1880
  2. Splahn v. GillespieIndiana Supreme Court · 1874
  3. McKinstry v. CollinsSupreme Court of Vermont · 1904
  4. Whithead v. KeyesMassachusetts Supreme Judicial Court · 1862
  5. Bellows v. Administrator of AllenSupreme Court of Vermont · 1849

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