Allen v. Gray
Supreme Court of Connecticut
This was an action of trespass vi et armis and false imprisonment; to which the defendants pleaded, severally, Not guilty, with notice that they should give in evidence the following facts: That Ebenezer M. Webb, one of the defendants, was, at the time of the alleged trespasses, a grand-juror of the town of Lisbon, duly appointed and qualified, and in that capacity, by authority of law, assisted in arresting the plaintiff; that John Gray, another of the defendants, was, at…
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This was an action of trespass vi et armis and false imprisonment; to which the defendants pleaded, severally, Not guilty, with notice that they should give in evidence the following facts: That Ebenezer M. Webb, one of the defendants, was, at the time of the alleged trespasses, a grand-juror of the town of Lisbon, duly appointed and qualified, and in that capacity, by authority of law, assisted in arresting the plaintiff; that John Gray, another of the defendants, was, at that time, a justice of the peace, for the county of New-London, and in that capacity, acted according to law in holding…
1Opinion of the CourtBussell, J.
It was urged, in the court below, that the return of the officer upon the warrant, furnished no evidence against Webb, the grand-juror. The jury were instructed, that the return was prima facie evidence that the arrest was made. This decision is in conformity to the well settled rule upon this subject; and, indeed, the point has not been much insisted on, before this court.
The jury having found, that the plaintiff was arrested and held to trial, the only question involved in the charge, is, whether the process, set forth in the motion, furnishes a ground of justification to the defendants, or…
2Cases cited3 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Tracy v. WilliamsSupreme Court of Connecticut · 1821
- Slocum v. WheelerSupreme Court of Connecticut · 1816
3Cited by19 opinions
- Case v. BushSupreme Court of Connecticut · 1919
- Prell v. McDonaldSupreme Court of Kansas · 1871
- Aetna Insurance v. BlumenthalSupreme Court of Connecticut · 1943
- Banister v. WakemanSupreme Court of Vermont · 1891
- Bennett v. StockwellMichigan Supreme Court · 1917
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