Richmond v. Dayton
New York Supreme Court
THIS was an action of trespass and false imprisonment. The cause was tried at the Columbia circuit, before Mr. Justice Van HeSS. The plaintiff was arrested by Bingham, a constable, by virtu© 0f a warrant, dated the 5th day of July, 1811, issued by the defendant, a justice of the peace. The warrant was as follows; “ Columbia, to wit, to any constable,” &c.
Read the full summary
THIS was an action of trespass and false imprisonment. The cause was tried at the Columbia circuit, before Mr. Justice Van HeSS. The plaintiff was arrested by Bingham, a constable, by virtu© 0f a warrant, dated the 5th day of July, 1811, issued by the defendant, a justice of the peace. The warrant was as follows; “ Columbia, to wit, to any constable,” &c. “ Whereas Sylvanus Richmond, of the city oí Hudson, Sec. on the 5th July, at the office of H. Dayton, Esq. at, &c. the said justice being present, made inquiry of the said justice of and concerning a certain suit which had been tried on the…
1Per curiam
The warrant was no further executed than by the arrest of the plaintiff and taking him before a magistrate, who let him to bail. The object of the warrant was only to bind th«& party to his good behaviour, and until the next sessions; and this, under the circumstances of the case, was a lawful and commendable object. The direction in the warrant to have the plaintiff in the mean time committed to gaol, not being executed, may be laid out of the case as immaterial. The warrant was executed so far as respected the lawful object of it, and no further. The statute authorizes and makes it the duty…
2Cited by5 opinions
- Hazlehurst v. FreemanSupreme Court of Georgia · 1874
- Rhinehart v. LanceSupreme Court of New Jersey · 1881
- Robbins v. GorhamNew York Supreme Court · 1858
- Edmondson v. FreanCourt of Appeals of South Carolina · 1834
- United States v. OgilvieCourt of Appeals for the Tenth Circuit · 2025