Campbell v. Neely
New York Supreme Court
Error on certiorari. Neely sued Campbell in a justice’s court, and declared against him in case, for interrupting an officer in the service of a warrant in a civil action, which he jjad procure(j to be issued by a justice at his suit against one Adams, by secreting Adams, and aiding and assisting him to elude and escape the service of the process.
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Error on certiorari. Neely sued Campbell in a justice’s court, and declared against him in case, for interrupting an officer in the service of a warrant in a civil action, which he jjad procure(j to be issued by a justice at his suit against one Adams, by secreting Adams, and aiding and assisting him to elude and escape the service of the process. Testimony was adduced by both parties as to the acts of Campbell complained of, but no evidence was given by the plaintiff below that he had any cause of action whatever against Adams. The justice gave judgment for the plaintiff for $12,50. This…
1Opinion of the Court
By the Court, Marcy, J.
(Mr. Justice Mercy, after examining the evidence set forth in the return of the justice, and coming to the conclusion that the acts done by the defendant did not subject him to an action, proceeded as follows :) But, admitting the proof to be sufficient to establish the fact that the defendant did obstruct the officer in the execution of the warrant, yet the plaintiff below failed to shew enough to entitle him to recover. The party who brings his action for obstructing the execution of mesne process must prove as much to entitle him to recover as he would be obliged to…
2Cited by3 opinions
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cole v. HillsSupreme Court of New Hampshire · 1860
- Maybee v. SniffenNew York Court of Common Pleas · 1851