Allen v. Martin
New York Supreme Court
This was an action of trespass quare clausum fregit, and for an assault, battery and false imprisonment, tried at the Warren circuit in December, 1830, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff proved that the defendants, with great violence, burst open his door in the night time, that he kept them at bay until morning, when they entered and took and carried him away.
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This was an action of trespass quare clausum fregit, and for an assault, battery and false imprisonment, tried at the Warren circuit in December, 1830, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff proved that the defendants, with great violence, burst open his door in the night time, that he kept them at bay until morning, when they entered and took and carried him away. In defence it was proved that Martin, one the defendants, as a constable, arrested the plaintiff on a justice’s execution, and that the other defendants acted in his aid ; that the plaintiff broke away…
1Opinion of the Court
By the Court,
Nelson, J.
The case of Putnam v. Mann, 3 Wendell, 202, disposes of the first question. There can be no doubt the judgment before the justice cannot be impeached in this collateral way, and that so far as its validity is concerned, the return of the service of the summons is conclusive, except on a direct proceeding to reverse the judgment for the irregularity. The party injured has an ample remedy, either by action for a false return, or by writ of error.
The testimony was sufficient to prove a previous arrest and escape before the defendants broke into the plaintiff’s dwelling…
2Cases cited1 opinion
- Putnam v. ManNew York Supreme Court · 1829
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