Dietrichs v. Schaw

We take the following statement of the facts in this case from the decision of the court below, it not being disputed that the statement is full and correct:

Dietrichs, as a justice of the peace, issued his warrant for the arrest of Schaw, the plaintiff in this case, to answer a charge of provoking one Smith to commit an assault and battery on him, Schaw, duly made under oath before said justice. The writ was directed “to any constable of Marion county,” but instead of being delivered to a constable, it was handed by the justice to Charles G. Coulon, who appears in the subsequent proceedings…