Tracy v. Williams
Supreme Court of Connecticut
This was an action of trespass for false imprisonment, tried in New-London county, January term, 1821, before Brainard, J. The imprisonment alleged in the declaration, was admitted. As a justification the defendant gave in evidence the record of certain proceedings before him, in the capacity of a justice of the peace.
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This was an action of trespass for false imprisonment, tried in New-London county, January term, 1821, before Brainard, J. The imprisonment alleged in the declaration, was admitted. As a justification the defendant gave in evidence the record of certain proceedings before him, in the capacity of a justice of the peace. The record stated, That on the 31st day of July, 1819, at Norwich in the county of New-London, in consequence of a large collection of persons having come and assembled together in Water street in Chelsea society, towards evening, unlawfully, and with intent to do unlawful…
1Opinion of the Court
Hosmer, Ch. J.
This case presents to the court two questions for determination. 1. Whether by virtue of the statute concerning Riots, a justice of the peace is authorized, on his own personal view, to arrest the offenders against that law, and, without written complaint or warrant, to fine, imprison, or bind them over to a superior tribunal. 2. Whether, if he does this, he is liable in trespass.
1. The first question proposed must exclusively be determined, by a recurrence to our own law. The English statutes, and that of the state of New-York, relative to the matter in question, are expressed…
2Cases cited2 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Slocum v. WheelerSupreme Court of Connecticut · 1816
3Cited by23 opinions
- Hoppe v. KlapperichSupreme Court of Minnesota · 1947
- Reed v. ReinckeSupreme Court of Connecticut · 1967
- Wall v. TrumbullMichigan Supreme Court · 1867
- Calhoun v. LittleSupreme Court of Georgia · 1898
- Rutledge v. RowlandSupreme Court of Alabama · 1909
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