Church v. Pearne
Supreme Court of Connecticut
Action for false imprisonment, brought to the Superior Court for Middlesex County. The defendants answered, justifying, one as a justice of the peace and the other as a deputy-sheriff, under a sentence of the plaintiff by the former to imprisonment for a contempt of court. A demurrer to the material part of this defense was overruled (Prentice, J.j.
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Action for false imprisonment, brought to the Superior Court for Middlesex County. The defendants answered, justifying, one as a justice of the peace and the other as a deputy-sheriff, under a sentence of the plaintiff by the former to imprisonment for a contempt of court. A demurrer to the material part of this defense was overruled (Prentice, J.j. The plaintiff then replied, and the reply was held insufficient on demurrer (Prentice, J.'). Issues of fact were then joined by an amended reply and found for the defendants, on which judgment was rendered in their favor (Case, J.j.
1Opinion of the CourtBaldwin, J.
A court held by a justice of the peace is in this State a court of record. His record, therefore, of any judicial proceedings which have taken place before him, and were within his jurisdiction, imports verity, and its statements cannot be collaterally questioned. Holcomb v. Cornish, 8 Conn. 375, 381. Every act recited in such a record is presumed to have been properly and rightly done, until the contrary appears. Fox v. Hoyt, 12 Conn. 491, 496; O’Connell v. Hotchkiss, 44 id. 51, 54.
The answer in the case at bar, admitting the imprisonment of which the plaintiff complains, justifies it under…
2Cases cited8 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Middlebrook v. StateSupreme Court of Connecticut · 1876
- Welch v. BarberSupreme Court of Connecticut · 1884
- Huntington v. McMahonSupreme Court of Connecticut · 1880
- Tracy v. WilliamsSupreme Court of Connecticut · 1821
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. LicariSupreme Court of Connecticut · 1965
- Cologne v. Westfarms AssociatesSupreme Court of Connecticut · 1985
- State v. LenihanSupreme Court of Connecticut · 1964
- Case v. BushSupreme Court of Connecticut · 1919
- Gorham v. City of New HavenSupreme Court of Connecticut · 1909
16 more not listed; retrieve them via the Exa API.