Winchester v. Everett
Supreme Judicial Court of Maine
On exceptions. An action of trespass for an alleged unlawful arrest and in detention of the plaintiff, on an execution issued on a judgment recovered before the municipal court of Norway, in favor of this defendant and against this plaintiff. The point raised by the exceptions is stated in the opinion. The action is not against the officer making the arrest, or one aiding the officer, but is against the principal who caused the arrest to be made.
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On exceptions. An action of trespass for an alleged unlawful arrest and in detention of the plaintiff, on an execution issued on a judgment recovered before the municipal court of Norway, in favor of this defendant and against this plaintiff. The point raised by the exceptions is stated in the opinion. The action is not against the officer making the arrest, or one aiding the officer, but is against the principal who caused the arrest to be made. The plaintiff in this action was not liable to arrest in the former action, being then and there a married woman, and the law prohibited her arrest.…
1Opinion of the CourtVirgin, J.
This bill of exceptions presents the question : Whether a judgment creditor is liable in trespass for refusing, on notice that his debtor is a married woman, to release her from arrest already made by an officer on an execution regularly issued on a judgment recovered against her as a single woman before a court having complete jurisdiction.
When the judgment was recovered, execution issued and the arrest made, the statute provided that "no person shall be *537arrested on an execution issued on a judgment founded on'a contract, when the debt is less than ten dollars,” (R. S., c. 113, § 19) and "in…
2Cases cited8 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Marks v. . TownsendNew York Court of Appeals · 1885
- Day v. . BachNew York Court of Appeals · 1881
- Erskine v. HohnbachSupreme Court of the United States · 1872
- Kerr v. . MountNew York Court of Appeals · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Emery v. KippCalifornia Supreme Court · 1908
- Bennett v. AhrensCourt of Appeals for the Seventh Circuit · 1932
- Lisabelle v. HubertSupreme Court of Rhode Island · 1902