Neth v. Crofut
Supreme Court of Connecticut
Trespass for breaking and entering the plaintiff’s dwelling house. Plea that the defendant entered by authority of a criminal warrant, for the arrest of the plaintiff’s son residing in the house.
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Trespass for breaking and entering the plaintiff’s dwelling house. Plea that the defendant entered by authority of a criminal warrant, for the arrest of the plaintiff’s son residing in the house. Tried in the superior court, on an issue closed to the court, before Carpenter, J. It appeared on the trial that the offense for which the warrant was issued was committed in the town of Washington in Litchfield county, and that the justice of the peace who issued the warrant resided in the town of Litchfield in that county. The complaint was however made to the justice, and the warrant issued,…
1Opinion of the CourtButler, J.
It is well settled that an officer is not bound to look outside of the precept which is put into his hands for service. If that is good on its face, if it appears to have issued from competent authority, and with legal regularity, it is his duty to serve it, and he will be protected in making the service which it requires. Watson v. Watson, 9 Conn., 140. The complaint in this case was made by the proper officer, set forth an offense which it was his duty to present, was in the usual form, was addressed to a justice of the peace for the county, and for aught that appears on the face of it to a…
2Cases cited2 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- State v. BishopSupreme Court of Connecticut · 1828
3Cited by5 opinions
- Bird v. PerkinsMichigan Supreme Court · 1875
- State v. CeseroSupreme Court of Connecticut · 1959
- Anderson v. DeweySupreme Court of Connecticut · 1917
- Perry v. JohnsonSupreme Court of Connecticut · 1870
- Fair Cadillac Oldsmobile Corp. v. AllardConnecticut Appellate Court · 1996