Bell v. Clapp
New York Supreme Court
THIS was an action of trespass quare clausum fregit, Sc. The declaration contained counts for entering the plaintiff’s dwell* ing-house, and breaking open his doors, &c. and taking away 93 barrels of flour, &c, and also in trespass de bonis asportalis, Sc. in taking and carrying away 100 barrels of flour.
Read the full summary
THIS was an action of trespass quare clausum fregit, Sc. The declaration contained counts for entering the plaintiff’s dwell* ing-house, and breaking open his doors, &c. and taking away 93 barrels of flour, &c, and also in trespass de bonis asportalis, Sc. in taking and carrying away 100 barrels of flour. The defendants pleaded, separately, not guilty; and two of them pleaded also, specially, in justification, that Charles Christian, before, at, and after, &c. was one of the special justices of the peace in the city of IS cm-York, See. and so being justice, on the 19 th January, 1811, at,…
1Per curiam
The matter set forth in the plea is a justification ■if the trespass. The search warrant was founded on oath, and the information stated that one hundred barrels of flour had been stolen from the wharf, in the first ward, by Richard and Isaac Jaques, and that the same, or a part thereof, was concealed in a cellar of Gideon Jaques. The plea then states that the warrant, being under the hand and seal of the magistrate, (who was one of the special justices of the city of New-York, an officer created by a public statute,) and being directed to the constables and marshals, authorized and required…
2Cited by18 opinions
- State v. AttawayNew Mexico Supreme Court · 1994
- United States v. MarescaDistrict Court, S.D. New York · 1920
- People Ex Rel. Robert Simpson Co. v. KempnerNew York Court of Appeals · 1913
- State v. MeyerWisconsin Supreme Court · 1998
- United States v. Salvatore Finazzo, Dominic J. LicavoliCourt of Appeals for the Sixth Circuit · 1978
13 more not listed; retrieve them via the Exa API.