Magill v. Parsons
Supreme Court of Connecticut
This was an action of assault and battery, and false imprisonment. The defendant, by a special plea of justification, alleged, that all the acts averred in the declaration, were done under a process of attachment, issued from, and returnable in, the circuit court of the United States for the district of Connecticut, in favour of the bank of the United States, against the plaintiff, in an action of assumpsit; and that three of the defendants were the agents of the bank, and,…
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This was an action of assault and battery, and false imprisonment. The defendant, by a special plea of justification, alleged, that all the acts averred in the declaration, were done under a process of attachment, issued from, and returnable in, the circuit court of the United States for the district of Connecticut, in favour of the bank of the United States, against the plaintiff, in an action of assumpsit; and that three of the defendants were the agents of the bank, and, as such, procured the process; and that the other defendant acted as deputy-marshall, in pursuance of their authority,…
1Opinion of the CourtPeters, J.
In trespass for an assault, battery and false imprisonment, the defendants justify under a capias ad respondendum against the plaintiff, at the suit of the bank of the United States, in an action of assumpsit, returnable in the circuit court of the United States for the district of Connecticut. If that court had jurisdiction, the plea is sufficient. The act of Congress incorporating the bank, (a) expressly provides, that it may sue and be sued, in any circuit court of the United States. This is conclusive, unless the act, or this particular provision, is unconstitutional.
The constitutionality…
Also in this document: Per curiam.
2Cases cited4 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Kentucky Insurance Co. v. HawkinsCourt of Appeals of Kentucky · 1816
3Cited by3 opinions
- Lafayette, Muncie, & Bloomington Rail Road v. GeigerIndiana Supreme Court · 1870
- Chippewa Indians of Minnesota v. United StatesUnited States Court of Claims · 1940
- Thayer v. HedgesIndiana Supreme Court · 1864