Love v. Humphrey
New York Supreme Court
Demurrer to replication. W. Love sued Adam Humphrey, John Humphrey and P. Smith, for an assault, battery, and false imprisonment. The declaration contained four counts; the first and fourth charging an assault and battery simply, and the second and third an assault, battery and false imprisonment.
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Demurrer to replication. W. Love sued Adam Humphrey, John Humphrey and P. Smith, for an assault, battery, and false imprisonment. The declaration contained four counts; the first and fourth charging an assault and battery simply, and the second and third an assault, battery and false imprisonment. The defendants pleaded as to all the trespasses in the declaration mentioned, except the imprisonment, &c. not guilty, and as to the residue of the supposed trespasses, actio non, &c. because they say that before the said time when, &c. Adam Humphrey, one of the defendants, obtained a warrant at his…
1Opinion of the Court
By the Court,
Sutherland, J.
The replication, it appears to me, is good in substance. It brings the plaintiff’s case within the provisions of the sixth and seventh sections of the act concerning the arrest of persons on civil process. 2 R. S. 427. The sixth section provides that any officer who shall have arrested any prisoner in any county, may pass over, across, or through such parts of any other county or counties as shall be in the ordinary route of travel from the place where such prisoner shall have been arrested to the place where he is to be conveyed, according to the command of the…
2Cited by3 opinions
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- Fisher v. YoungNew York Supreme Court · 1903