Read v. Case
Supreme Court of Connecticut
This was an action of trespass, for breaking and entering the plaintiff’s house, striking him, imprisoning him, &c. The cause was tried at Hartford, February term, 1822, before Peters, J. On the trial, the plaintiff adduced evidence to prove, and claimed that he had proved, that on the day of the trespass complained of, he was in his own house, with his wife and children around him, his outer doors being closed; that the defendant came, and after assuring the plaintiff, upon…
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This was an action of trespass, for breaking and entering the plaintiff’s house, striking him, imprisoning him, &c. The cause was tried at Hartford, February term, 1822, before Peters, J. On the trial, the plaintiff adduced evidence to prove, and claimed that he had proved, that on the day of the trespass complained of, he was in his own house, with his wife and children around him, his outer doors being closed; that the defendant came, and after assuring the plaintiff, upon his honour, that he had nothing against him, and would not let any one in, he was, by the plaintiff, admitted; that he…
1Opinion of the Court
Hosmer, Ch J.
The right of the bail over his principal, whether exercised personally or by delegation, is too well established to require any observation. I will barely remark, that the law supposes the principal to be always in the custody of his bail; and if he is not in fact, the bail may take him, when and where he pleases. If the principal has withdrawn himself within his own house, and fastened his doors, the bail may break them open to arrest him, after having signified the cause of his coming, and requested the principal to open them. Although this is the general rule, and established…
2Cases cited1 opinion
- Parker v. BidwellSupreme Court of Connecticut · 1819
3Cited by78 opinions
- Ker v. CaliforniaSupreme Court of the United States · 1963
- Miller v. United StatesSupreme Court of the United States · 1958
- Wilson v. ArkansasSupreme Court of the United States · 1995
- Lewis L. Wayne v. United StatesCourt of Appeals for the D.C. Circuit · 1963
- People v. MaddoxCalifornia Supreme Court · 1956
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