Schaw v. Dietrichs

Dietrichs, as a Justice of the Peace, issued his warrant for the arrest of Schaw, the plaintiff in this case, to answer a charge of provoking one Smith to commit an assault and battery on him, Schaw, duly made under oath before said Justice. The writ was directed to “ any constable of Marion county,” but instead of being delivered to a constable, it was handed by the Justice to Charles G, Cou*154Ion, who appears in the subsequent proceedings under the name of a special constable.

Coulon arrested Schaw, and brought him before the Justice. Soon after he was brought into the office of the Justice,…