Phillips v. Trull
New York Supreme Court
THIS was an action for an assault and battery and false inlprisonment. The declaration contained three counts; in the 7 1st and 2d counts an assault and battery, and an imprisonment , , . . . r , , for six days were charged; m the 3d an assault and battery . merely.
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THIS was an action for an assault and battery and false inlprisonment. The declaration contained three counts; in the 7 1st and 2d counts an assault and battery, and an imprisonment , , . . . r , , for six days were charged; m the 3d an assault and battery . merely. The defendant pleaded, I. Not guilty; 2. As to the assault-*n8> &c- and imprisoning the plaintiff, and detaining him in pri80X1 ®}r space of ten hours, part of the time in the first count of the declaration mentioned, that the plaintiff and three other persons being in a house occupied by one Elisha Fitch, in Manlius, made a great…
1Opinion of the CourtPbatt, J.
All persons whatever, who are present when a felony is committed, or a, dangerous wound is given, are bound to apprehend the offenders. (3 Hawk. P. C. 157. Arrest, s. 1.) So any person whatever, if an affray be made, to the breach of the peace, may3 without a warrant from a magistrate, restrain any of the offender s, in order to preserve the peace, but after there is an end of the affray, they cannot be arrested without a warrant. (2 Inst. 52. Burns’ Justice, 92.)
Hawkins (3 Hawk. P. C. 174. b. 2. s. 20.) says, "It seems clear, that, regularly, no private person can, of his own authority,…
2Cited by12 opinions
- Baltimore & Ohio Railroad v. CainCourt of Appeals of Maryland · 1895
- Wahl v. WaltonSupreme Court of Minnesota · 1883
- Palmer v. Maine Central RailroadSupreme Judicial Court of Maine · 1899
- State v. McAteerCourt of Appeals of South Carolina · 1998
- People v. AdlerNew York Supreme Court · 1856
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