Courser v. Powers
Supreme Court of Vermont
This was an action of trespass for false imprisonment, and was tried by the Orange County Court, at the June term, 1860. The defendant pleaded not guilty, and gave notice of a special justification.
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This was an action of trespass for false imprisonment, and was tried by the Orange County Court, at the June term, 1860. The defendant pleaded not guilty, and gave notice of a special justification. It appeared that on the 19th day of July, 1859, the grand juror of Thetford made complaint to the defendant, as a justice of the peace, against the plaintiff, and the defendant, as such justice, thereupon issued his warrant against the defendant, who was arrested thereon about eight o’clock in the morning, and was detained by the officer until near night, when he gave bail and was released. It…
1Opinion of the Court
Poland, Ch, J.
The question presented by this case is, whether a justice of the peace can justify an arrest upon a warrant, issued and signed by him, before he has taken the official oath required by the constitution of the state. The defendant insists that it was not necessary that he should take such official *519■oath in order to justify under the warrant; that this requirement ■of the constitution is merely directory.
If this cannot be maintained, then the defendant “contends that -the oath taken by him, as a justice of the peace for the previous year, when he held the office, extended over and…
2Cases cited10 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Thomas v. OwensCourt of Appeals of Maryland · 1853
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
- Bucknam v. RugglesMassachusetts Supreme Judicial Court · 1818
- McGregor v. BalchSupreme Court of Vermont · 1842
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3Cited by10 opinions
- Willard v. PikeSupreme Court of Vermont · 1886
- Hosiery Co. v. Cotton Mills.Supreme Court of North Carolina · 1906
- State v. BatesSupreme Court of Vermont · 1863
- Houston v. RussellSupreme Court of Vermont · 1879
- Town of Lyndon v. MillerSupreme Court of Vermont · 1863
5 more not listed; retrieve them via the Exa API.