Reynolds v. Orvis
New York Supreme Court
Trespass and false imprisonment; tried at the Jefferson circuit, June, 25th, 1825, before Williams, 0. Judge. At the trial, the following facts were in evidence: The plaintiff was a resident of the town of Le Ray, in Jefferson county, having been assessed and paid taxes there' in 1817 and 1821. In June, 1823, Or vis the defendant, and Hamlin, being justices of that county, issued a warrant dh’ected to any constable of the county of Jefferson, commanding him to bring the…
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Trespass and false imprisonment; tried at the Jefferson circuit, June, 25th, 1825, before Williams, 0. Judge. At the trial, the following facts were in evidence: The plaintiff was a resident of the town of Le Ray, in Jefferson county, having been assessed and paid taxes there' in 1817 and 1821. In June, 1823, Or vis the defendant, and Hamlin, being justices of that county, issued a warrant dh’ected to any constable of the county of Jefferson, commanding him to bring the plaintiff before them to be examined as a pauper. This warrant was delivered by them to a constable of the town of…
1Opinion of the Court
Curia, per Woodworth, J.
If this action can be sustained, it must be on the ground that the justices had no jurisdiction of the process, and of the person of the plaintiff. It appears to me the sole question is, whether the arrest and detention, under the process issued to bring the plaintiff before the justices for examination, was not a false imprisonment. After the plaintiff was before them, if he voluntarily submitted to an examination, and the justices erred in the subsequent proceedings, yet, as they then had jurisdiction of the person and subject matter, those proceedings were not void,…
2Cases cited2 opinions
- Gold v. BissellNew York Supreme Court · 1828
- Adkins v. BrewerNew York Supreme Court · 1824
3Cited by7 opinions
- Duckworth v. JohnstonSupreme Court of Alabama · 1845
- Sprague v. EcclestonNew York Supreme Court · 1869
- McCarg v. BurrAppellate Division of the Supreme Court of the State of New York · 1905
- Macy v. DeWolfU.S. Circuit Court for the District of Rhode Island · 1847
- Slater v. WoodThe Superior Court of New York City · 1861
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