Green v. Rumsey
New York Supreme Court
This was an action for false imprisonment, tried at the Genesee circuit, in April, 1828, before the Hon. John Birdsall, one of the circuit judges. The plaintiff was arrested by the defendant in the county of Monroe, and carried to Batavia, in the county of Genesee, where He was kept in close confinement for several days, and then suffered to go at large.
Read the full summary
This was an action for false imprisonment, tried at the Genesee circuit, in April, 1828, before the Hon. John Birdsall, one of the circuit judges. The plaintiff was arrested by the defendant in the county of Monroe, and carried to Batavia, in the county of Genesee, where He was kept in close confinement for several days, and then suffered to go at large. The defendant made the arrest by virtue of a warrant issued by a justice of the peace of the county of Genesee, charging the plaintiff with having been guilty of, or concerned in the murder of William Morgan at Fort Niagara, in the county of…
1Opinion of the Court
By the Court, Marcy, J.
It is contended on the part of the plaintiff, that the warrant under which the arrest was made is void, and- that the officer acting under it is not protected even in what he did in Genesee county, because it *613appeared from the face of the warrant that the crime imputed to the plaintiff was not committed in the county of Genesee, of which the magistrate issuing it was a justice. It is a general principle that a justice of the peace can only act in his county and for his county, but there are some exceptions to this rule. Whether the present case comes within either of…
2Cited by2 opinions
- Philips v. LearyAppellate Division of the Supreme Court of the State of New York · 1906
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850