Aldrich v. Weeks
Supreme Court of Vermont
This was an action for false imprisonment, and was heard ■upon the report of a referee at the September Term, 1887, of the Essex County Court, Royoe, Ch. J., presiding. Judgment pro forma for the defendants. Exceptions by the plaintiff. The facts appear in the head-notes and opinion. The writ was fatally defective in that it contained no declaration. Churchv.
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This was an action for false imprisonment, and was heard ■upon the report of a referee at the September Term, 1887, of the Essex County Court, Royoe, Ch. J., presiding. Judgment pro forma for the defendants. Exceptions by the plaintiff. The facts appear in the head-notes and opinion. The writ was fatally defective in that it contained no declaration. Churchv. Westminster, 45 Yt. 38. Having suffered the plaintiff to go at large, the officer could not a second time arrest him upon the same process. Houghton y. Wilson, 10 Cray, 365. This writ was not void, but at most, merely defective. A…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The plaintiff was arrested as an absconding debtor, upon mesne process in favor of the defendant, Weeks; Lund, an •attorney, made the writ, and Walker, a sheriff, made service of it by arresting the plaintiff. The three are sued in this action, in trespass, for false imprisonment. Neither Weeks nor Lund gave any directions to Walker, further than to serve the writ and do his duty. The referee finds that the writ was not defective when issued and when the arrest was made, and that all the defendants acted in good faith. Upon these facts Weeks…
2Cases cited2 opinions
- Carleton v. TaylorSupreme Court of Vermont · 1877
- Stone v. WoodsNew York Supreme Court · 1809
3Cited by4 opinions
- Dorothy A. Fleming v. Evelyn McEnanyCourt of Appeals for the Second Circuit · 1974
- Cuthbertson v. RitchieSupreme Court of Vermont · 1925
- Dorothy A. Fleming v. Evelyn McEnanyCourt of Appeals for the Second Circuit · 1974
- Dorothy A. Fleming v. Evelyn McEnanyCourt of Appeals for the Second Circuit · 1974