Downing v. Herrick
Supreme Judicial Court of Maine
Reported by Tenney, C. J. This was an action of trespass for assault and false imprisonment by defendant, wbo justifies as a magistrate.
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Reported by Tenney, C. J. This was an action of trespass for assault and false imprisonment by defendant, wbo justifies as a magistrate. The plaintiff proved that he was committed to jail, in Auburn, on August 31st, 1858, on defendant’s warrant of commitment, and was there detained until after October 6th, 1858. The presiding Judge ruled, pro forma, that the warrant, with the previous papers and record in the case, constituted a sufficient justification, and a defence to plaintiff’s action. Whereupon the plaintiff becamé nonsuit, with the stipulation that if, in the opinion of the full Court,…
1Opinion of the Court
The opinion of the Court was' drawn up by
Tenney, C. J.
The conviction of the plaintiff, by the defendant, at a justice court held by him as a magistrate, duly qualified as such, was under the statutes of 1858, c. 33, § 26. No power is expressly conferred upon a justice of the peace to impose- the payment of costs, upon conviction of a violation of that section, as a part of the sentence, though in other sections of the same chapter, it is not only provided that he may include them in the sentence, but it is made imperative that he shall do so.
It is believed to have been, for a long time, a…
2Cases cited1 opinion
- Yates v. LansingNew York Supreme Court · 1810
3Cited by3 opinions
- Kennedy v. PeopleIllinois Supreme Court · 1887
- Comstock v. EagletonSupreme Court of Oklahoma · 1902
- Jordan v. HansonSupreme Court of New Hampshire · 1870