State v. Weed
Superior Court of New Hampshire
Indictment, for assaulting and obstructing Enoch Eemick, a deputy-sheriff, in the service of a warrant against said Weed, on a complaint made by one Nancy Pulsifer, for assault and battery.
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Indictment, for assaulting and obstructing Enoch Eemick, a deputy-sheriff, in the service of a warrant against said Weed, on a complaint made by one Nancy Pulsifer, for assault and battery. It appeared on the trial, that the complaint .and warrant were in due and regular form, and fair upon the face : the complaint being signed by said complainant, and tbe certificate of tbe oatb by W. A. Kimball, Esq., a justice of the peace of tbe county of Carroll; tbe warrant also being signed by bim; and that they were put into tbe hands of said Remick, with directions for bim to serve tbe warrant. Tbe…
1Opinion of the CourtEastman, J.
It is well settled, that all acts done under void process are illegal; and that a void warrant affords no protection to the officer serving or attempting to serve the same. Such is the general current of all the authorities; and they appear to be based upon sound and fixed principles. The meaning of the term “ void,” when applied to legal process, is, therefore, material to be considered. A process may be void, so far as the parties originating and issuing the same are concerned, while at the same time it may be a good precept for the officer serving it. A complainant and magistrate may both…
2Cases cited18 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Sandford v. NicholsMassachusetts Supreme Judicial Court · 1816
- Watkins v. BairdMassachusetts Supreme Judicial Court · 1810
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3Cited by1 opinion
- State v. MedinaSupreme Court of Iowa · 1969