Arnold v. Steeves & Frost
New York Supreme Court
Error from the Saratoga common pleas. This was an action for false imprisonment. Steeves, a constable, arrested Arnold on a justice’s warrant, at the suit of Frost. The warrant was issued the 26th December, 1827, by A. Goodrich, Esq. a justice of Ballston Spa. The constable took the defendant before Justice Goodrich, and the warrant was returned.
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Error from the Saratoga common pleas. This was an action for false imprisonment. Steeves, a constable, arrested Arnold on a justice’s warrant, at the suit of Frost. The warrant was issued the 26th December, 1827, by A. Goodrich, Esq. a justice of Ballston Spa. The constable took the defendant before Justice Goodrich, and the warrant was returned. The parties were called and appeared, when the justice said he could not attend to the case, and the parties must go before the nearest justice. They accordingly went before Palmer, another justice in the same village, who also excused himself from…
1Opinion of the Court
J3y the Court,
Sutherland, J.
Under all the circumstances of this case, I do not think the 'warrant, on which the plaintiff, Arnold, was arrested is to be considered as spent, or as having finally done its office, by what took place in relation to it before Goodrich, the justice by whom it was issued. Arnold himself did not so consider it at that time, for he went voluntarily and without any objection or complaint in quest of some other justice, who might be at leisure to try the cause. Laws of 1824, p. 281, § 4.
Nor was the process spent and the defendant entitled to be discharged because the…
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