Hunt v. Burdick
Supreme Court of Vermont
This was an action of trespass and was heard upon general demurrer to the defendant’s plea in bar, June term, 1868, Steele, J., presiding. The plea was adjudged sufficient, and judgment rendered for the defendant- to recover his costs. Exceptions by the plaintiff. The declaration averred in substance that the defendant on the 9th day of February, 18,66, without legal cause imprisoned the plaintiff in the jail at-St. Johnsbury.
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This was an action of trespass and was heard upon general demurrer to the defendant’s plea in bar, June term, 1868, Steele, J., presiding. The plea was adjudged sufficient, and judgment rendered for the defendant- to recover his costs. Exceptions by the plaintiff. The declaration averred in substance that the defendant on the 9th day of February, 18,66, without legal cause imprisoned the plaintiff in the jail at-St. Johnsbury. The defendant claimed that he arrested and imprisoned the plaintiff upon due process of law, and in his plea in bar set out not only the execution upon which the arrest…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
A defendant in an action of trespass and false imprisonment, who attempts to justify under process in his favor against the plaintiff, must set forth all the facts necessary to constitute a legal justification; and what would constitute a good plea of justification, for the officer who executed the process, will not always be a sufficient justification for the party to the process. *612In framing tlie plea in this case, the pleader seems to have acted in reference to this principle, and has not only set out the execution under which the arrest was…
2Cited by2 opinions
- Forsythe v. Washtenaw Circuit JudgeMichigan Supreme Court · 1914
- Jewett v. PudloSupreme Court of Vermont · 1934