Wills v. Whittier
Supreme Judicial Court of Maine
Trespass for false imprisonment. The defendants filed separate pleas. The case, as made by the parties, is that, “ on the day of February, 1854, the defendant Weston, issued a warrant against the plaintiff, in regular form, returnable before him or any other justice of the peace, in and for the county of Kennebec, upon a complaint in due form, charging the plaintiff with having committed the crime of perjury at Augusta, on the trial of an indictment at the preceding November…
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Trespass for false imprisonment. The defendants filed separate pleas. The case, as made by the parties, is that, “ on the day of February, 1854, the defendant Weston, issued a warrant against the plaintiff, in regular form, returnable before him or any other justice of the peace, in and for the county of Kennebec, upon a complaint in due form, charging the plaintiff with having committed the crime of perjury at Augusta, on the trial of an indictment at the preceding November term of the Supreme Judicial Court, held at Augusta, in and for the county of Kennebec. This warrant was directed to…
1Opinion of the Court
The opinion of the Court was drawn up by
Cutting, J.
The warrant, under which the defendants justify their proceedings against the plaintiff, was made returnable before the magistrate issuing it, or any other justice of the peace within the county of Kennebec, for an offence alleged to have been committed at Augusta.
By a special law of this State, passed in 1850, c. 303, § 1, it is provided that “ all warrants alleging any offence to have been committed within said city, (Augusta,) shall be made returnable before said court, (municipal court.)
The warrant was not made returnable before that…
2Cited by2 opinions
- Bradford v. PeopleSupreme Court of Colorado · 1896
- Garland v. GrayCourt of Appeals of Georgia · 1963