Carle v. Delesdernier
Supreme Judicial Court of Maine
This was an action of trespass, for assault, battery and false imprisonment at Calais, on the 19th of June, 1834. It appeared that on that day the plaintiff, who lived at Princeton about fifteen miles from Milltown in Calais, having been previously duly summoned, attended at that place as a witness, of which the defendant had notice, in a criminal prosecution before Jjuther Braclcett, Bsq.; that the investigation before the justice terminated about six o’clock in the…
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This was an action of trespass, for assault, battery and false imprisonment at Calais, on the 19th of June, 1834. It appeared that on that day the plaintiff, who lived at Princeton about fifteen miles from Milltown in Calais, having been previously duly summoned, attended at that place as a witness, of which the defendant had notice, in a criminal prosecution before Jjuther Braclcett, Bsq.; that the investigation before the justice terminated about six o’clock in the afternoon, when the plaintiff was going to the residence of his son-in-law for his horse, which he had left there, with a view…
1Opinion of the Court
The action was continued nisi, and the opinion of the Court was afterwards drawn up by
Weston C. J.
The authorities cited for the defendant, to show that an action of trespass does not lie against a sheriff, for arresting a person, in obedience to his precept, who happens to be privileged from arrest, are numerous and direct. Among the most prominent are Tarleton v. Fisher et al. 2 Douglas, 671, and Cameron v. Lightfoot, 2 Wm. Bl. 1190, and Cameron v. Bowles et al. for the same cause, 2 Wm. Bl. 1195. The first was brought by a party privileged from arrest, under an insolvent act, which…
2Cited by5 opinions
- Robinette v. PriceSupreme Court of Minnesota · 1943
- State ex rel. Isenring v. PolacheckWisconsin Supreme Court · 1898
- In Re EmmettCalifornia Court of Appeal · 1932
- Chase v. FishSupreme Judicial Court of Maine · 1839
- Bennett v. AhrensCourt of Appeals for the Seventh Circuit · 1932