Edmondson v. Frean
Court of Appeals of South Carolina
Before Mr. Justice Earle, at Newberry, Spring Term, 1834. Trespass for assault and false imprisonment. The plaintiff with several others had been indicted for a riot and assault and battery by two women in the neighborhood, and the defendant who is a justice of the peace, had issued the warrant. The plaintiff and two others of those indicted, before their arrest, called at the defendants house and inquired if the warrant could be taken up and the prosecution dropped.
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Before Mr. Justice Earle, at Newberry, Spring Term, 1834. Trespass for assault and false imprisonment. The plaintiff with several others had been indicted for a riot and assault and battery by two women in the neighborhood, and the defendant who is a justice of the peace, had issued the warrant. The plaintiff and two others of those indicted, before their arrest, called at the defendants house and inquired if the warrant could be taken up and the prosecution dropped. The defendant replied it was not in his power to drop it, and if it were, it should not be dropped. The plaintiff then said to…
1Opinion of the CourtHarper, J.
We are inclined to agree with the presiding judge, with respect to both the grounds on which he rests his decision. As to the first, it may be remarked that it does not appear that the warrant in question ever would have been executed but for the procurement of the plaintiff’. The judge reports that the warrant was deposited with William Gillam, another justice, “without specific instructions, but doubtless with the view of having it executed under his sanction.” The ‘view’ with which defendant deposited the warrant must be merely matter of inference. It is not usual, so far as I know, for…
2Cases cited1 opinion
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