Legal Opinion

Bigelow v. Stearns

New York Supreme Court

Decided May 15, 1821PublishedCited by 43 opinions

THIS was an action of trespass, assault and battery, and * . . * false imprisonment, tried before Mr. Chief Justice Spencer, _. . . , at the Columbia Circuit, in November, 1820. The plaintiff proved that he had been committed to the gaol of tbc county, on a warrant issued by the defendant, as Justice of the Peace, which was produced, from which it appeared that the plaintiff was convicted before the defendant) for wilfully interrupting a congregation of people met for…

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THIS was an action of trespass, assault and battery, and * . . * false imprisonment, tried before Mr. Chief Justice Spencer, _. . . , at the Columbia Circuit, in November, 1820. The plaintiff proved that he had been committed to the gaol of tbc county, on a warrant issued by the defendant, as Justice of the Peace, which was produced, from which it appeared that the plaintiff was convicted before the defendant) for wilfully interrupting a congregation of people met for religious worship, by rude and indecent behaviour, contrary to the act for suppressing immorality ; (Sess. 36. ch. 24. sect.…

1Opinion of the Court

Spencer, Ch.

Justice, delivered the opinion of the Court. I had no doubt upon the trial that the conviction given in evidence by the defendant was a complete protection to him, as to every thing set forth in it, unless it was shown that the defendant had either exceeded his jurisdiction, or had not jurisdiction of the person of the plaintiff. I consider it perfectly well settled, that to justify an inferior magistrate in committing a person, he must have jurisdiction not only of the subject matter of the complaint, but also of the process and the person of the defendant. This point was fully…

2Cited by43 opinions

  1. Williamson v. BerrySupreme Court of the United States · 1850
  2. Ferguson v. . CrawfordNew York Court of Appeals · 1877
  3. Weaver v. DevendorfNew York Supreme Court · 1846
  4. Wall v. TrumbullMichigan Supreme Court · 1867
  5. Kenney v. GreerIllinois Supreme Court · 1851

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