Sage v. Harpending
New York Supreme Court
ACTION for assault and battery. Defense. 1. A general denial. 2. That at the - time of the alleged'assault, the defendant was the owner and in possession of certain real estate, consisting of a store and building in the town of Starkey, Yates county, and the alleged assault was committed in defense of his possession and to prevent great bodily harm being done him by the plaintiff, who, with the assistance of- divers persons armed with axes, &c. wrongfully entered to expel…
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ACTION for assault and battery. Defense. 1. A general denial. 2. That at the - time of the alleged'assault, the defendant was the owner and in possession of certain real estate, consisting of a store and building in the town of Starkey, Yates county, and the alleged assault was committed in defense of his possession and to prevent great bodily harm being done him by the plaintiff, who, with the assistance of- divers persons armed with axes, &c. wrongfully entered to expel the defendant. 3. Son assault demesne. On the trial at the Yates circuit in March, 1866, the following facts were proved.…
1Opinion of the Court
By the Court, James C. Smith, J.
It was held at the circuit, that the warrant issued by the justice was void, and consequently, that it furnished no justification to the defendant. In order to affirm this ruling it is necessary to maintain either that the security given on bringing the appeal stayed the issuing of a warrant, or that by the operation of the appeal itself the proceeding was transferred to the county court, so that the justice could no longer act in it. These propositions will be considered in the order in which they are stated.
The question whether the issuing of a warrant was…
2Cases cited2 opinions
- Parsons v. BrownNew York Supreme Court · 1853
- Harris v. HammondNew York Supreme Court · 1859
3Cited by13 opinions
- Randles v. RandlesIndiana Supreme Court · 1879
- Willard v. OstranderSupreme Court of Kansas · 1893
- Warner v. MyersOregon Supreme Court · 1870
- Sullivan v. George Ringler & Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Smith v. SchreinerWisconsin Supreme Court · 1893
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