Houghton v. Bachman
New York Supreme Court
THIS was an action to recover the value of personal pro, perty alleged to have been wrongfully taken and converted .by the defendants. In October, 1865, the defendant Bach, man was a justice of the peace, and the defendant Vandermark a constable, of the town of Waterloo, Seneca county. One Hubbell made complaint before said Bachman, charging the plaintiff with grand larceny, in stealing the property in suit.
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THIS was an action to recover the value of personal pro, perty alleged to have been wrongfully taken and converted .by the defendants. In October, 1865, the defendant Bach, man was a justice of the peace, and the defendant Vandermark a constable, of the town of Waterloo, Seneca county. One Hubbell made complaint before said Bachman, charging the plaintiff with grand larceny, in stealing the property in suit. Upon such complaint a warrant for grand larceny was issued, by the said magistrate, and delivered to Vandermark to be executed. At the same time complaint was made by Hubbell, that the…
1Opinion of the Court
By the Court, Davis, J.
The search warrant was invalid. The justice had no power to issue that process to be executed *391in a foreign county; The warrant for' grand larceny was, however, properly issued. The objections how taken to its sufficiency in form, can not be heard on this appeal. They were not raised in the court below; and as the original was not produced, but a paper purporting to be a copy was used, we must assume that if the objections to the recitals of the Warrant had been made on the trial, they would have been met by the production of the original, or the correction of any error…
2Cited by11 opinions
- People v. . ChiaglesNew York Court of Appeals · 1923
- Smith v. JeromeNew York Supreme Court · 1905
- Simpson v. . St. JohnNew York Court of Appeals · 1883
- Modern Loan Co. v. Police CourtCalifornia Court of Appeal · 1910
- Wiggin v. StateWyoming Supreme Court · 1922
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