Coxson v. Doland
New York Court of Common Pleas
Appeal from an order denying a motion to vacate an order of arrest. ' The defendant was a member of the Metropolitan Police force, and being arrested upon a civil process while not upon actual duty, moved to vacate the order of arrest on the ground that by the amendment of the Police Act, adopted in 1864, he was absolutely exempted from arrest. The motion was denied,, and the defendant appealed.
1Opinion of the Court
By the Court, Daly, F. J.
This is an appeal from an order denying a motion to discharge the defendant from arrest. He is a member of the Metropolitan Police force, and claims to be exempt from arrest under section 34 of the Metropolitan Police Act, as amended in 1864 (Laws of 1864, ch. 403).
This section, as originally enacted in 1860, read as follows: “Ho person holding office, under this act shall he liable to military or jury duty, nor to arrest upon civil process) or to service of subpcenas from civil courts whilst actually on duty ” (Laws of *671860, vol. 2, p. 200). Under the section, as…
2Cited by10 opinions
- State ex rel. Crow v. City of St. LouisSupreme Court of Missouri · 1903
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- Lambert v. . the PeopleNew York Court of Appeals · 1879
- Gast v. Board of AssessorsSupreme Court of Louisiana · 1891
- State v. McClellandWest Virginia Supreme Court · 1919
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