Churchill v. Churchill
Supreme Court of Vermont
This action Was trespass for assault and battery, and false imprisonment. Plea, that the defendant, as deputy sheriff had for service a writ signed by a justice, declaring in debt on judgment, commanding the taking of property or body of said Abigail, and that he, for want of property, took the plaintiffs body and her committed to jail, &c.
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This action Was trespass for assault and battery, and false imprisonment. Plea, that the defendant, as deputy sheriff had for service a writ signed by a justice, declaring in debt on judgment, commanding the taking of property or body of said Abigail, and that he, for want of property, took the plaintiffs body and her committed to jail, &c. The plaintiff, in her replication; new assigns ; First, that the plaintiff turned out and delivered to the defendant sufficient personal property, which he took on said writ. Second, that she offered the defendant good and sufficient bail, which he refused…
1Opinion of the Court
*666The opinion of the court was delivered by
Collamer, J.
— The jury, by their verdict] for the defendant, must have found there had been no property taken and no unnecessary force used by him. In relation to bail having been refused, it appears there was some testimony tending to show he said he should take no bail, but there was no proof that any was offered him. The decision of the court, that this was insufficient, seems entirely reasonable; but it was of no importance, as refusing bail would not have rendered the defendant a trespasser. It would have been a nonfeasance, not a malfeasance…
2Cited by12 opinions
- State v. ThomasSupreme Court of Missouri · 1943
- Dorothy A. Fleming v. Evelyn McEnanyCourt of Appeals for the Second Circuit · 1974
- Goodell v. TowerSupreme Court of Vermont · 1904
- Post v. BirdSupreme Court of Florida · 1891
- Gurney v. TuftsSupreme Judicial Court of Maine · 1853
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