Administrator of Whitcomb v. Cook
Supreme Court of Vermont
This was an action of trespass for false imprisonment and assault and battery, which was commenced by Cyrus Whitcomb in his life time ; he having died intestate after the entry of the action in this court, the case was prosecuted by his administrator. Plea, not guilty, with notice of special matter in defence. Trial by jury at the September Term, 1865, Kellogg, J», presiding.
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This was an action of trespass for false imprisonment and assault and battery, which was commenced by Cyrus Whitcomb in his life time ; he having died intestate after the entry of the action in this court, the case was prosecuted by his administrator. Plea, not guilty, with notice of special matter in defence. Trial by jury at the September Term, 1865, Kellogg, J», presiding. The plaintiff introduced evidence showing that, on the 1st day of November, 1860, the intestate was arrested by a deputy sheriff of the county of Rutland upon a writ of attachment and capias, signed by and returnable…
1Opinion of the Court
The opinion of the court was delivered by
PieRpoint, Ch. J.
This is. an action for false imprisonment. The case shows that the plaintiff’s intestate, Cyrus Whitcomb, was arrested and imprisoned upon a writ in favor of the defendant against him, issued by a justice of the peace for the county of Rut-land, and commanding the arrest of his body.
The only question now made in the case is whether an affidavit had been filed with the authority issuing such writ according to the requirements cf the statute, prior to its having been issued. The statute declares that no person who is a resident of this…
2Cases cited2 opinions
- Phillips v. WoodSupreme Court of Vermont · 1858
- Parkhurst v. PearsonsSupreme Court of Vermont · 1858
3Cited by4 opinions
- Child v. PearlSupreme Court of Vermont · 1870
- Adams v. WhitcombSupreme Court of Vermont · 1874
- Muzzy v. HowardSupreme Court of Vermont · 1869
- Miller v. PotterSupreme Court of Vermont · 1881