Perry v. Mitchell
New York Supreme Court
Trespass fov false imprisonment. The plaintiff was sheriff of the county of Dutchess, and the defendant surrogate of the county .of Ulster. A subpoena had been served upon A. U. Jordan, a witness, to attend an accounting before the surrogate. Upon his default in appearing, the surrogate made an order that an attachment issue to bring th.e witness before him “ to testify” on the accounting. The attachment was directed to the plaintiff, and delivered to him.
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Trespass fov false imprisonment. The plaintiff was sheriff of the county of Dutchess, and the defendant surrogate of the county .of Ulster. A subpoena had been served upon A. U. Jordan, a witness, to attend an accounting before the surrogate. Upon his default in appearing, the surrogate made an order that an attachment issue to bring th.e witness before him “ to testify” on the accounting. The attachment was directed to the plaintiff, and delivered to him. He arrested the witness, but permitted him to go at large on his promise to appear at the return of the attachment. The witness did not…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
The action was trespass fqr an alleged false imprisonment of the plaintiff, and the only imprisonment proved on'tjhe trial was one commenced in the county of Putchess, b,ul which terminated in the county of Ulster, the plaiptiff having been carped as a prisoner from the forpier into the latter county. Such being the fact, fet it be conceded that the action was bro.ught against the defendant for what he had dpne as surrogate, in the cqunty of Ulster, still ft will not follow that the action should have been laid in that county. The attachment, issued by the…
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