Smith v. M'Guire

*302Opinion op the Court,

by Ch. J. Boyle.

THIS is a writ of error prosecuted by the plaintiff to a ju^gment f°r the defendant in an action of trespass, assault and battery and false imprisonment, in theGreenup circuit court.

The first question presented by the record, is, whether the plea of the defendant is sufficient, or not. The plea alleges, “that on the 29th of March 1821, at the* *303■circuit and county aforesaid, John Getthas, a justice of the peace, having competent jurisdiction for that purpose, did issue his certain precept, called a capias pro fine, directed to this defendant, as constable…