Payne v. Barnes
New York Supreme Court
^ This was an action for false imprisonment, against the defendant, for directing the plaintiff’s arrest on a criminal warrant; The cause was tried at the Warren circuit in August, 1848, before Justice Parker. On the 21st of February, 1848, the defendant made a complaint to one Hart, a justice of the town of Watervliet in the county of Albany, that a criminal offence had been committed by the plaintiff. Such complaint was reduced to writing and verified by the defendant.
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^ This was an action for false imprisonment, against the defendant, for directing the plaintiff’s arrest on a criminal warrant; The cause was tried at the Warren circuit in August, 1848, before Justice Parker. On the 21st of February, 1848, the defendant made a complaint to one Hart, a justice of the town of Watervliet in the county of Albany, that a criminal offence had been committed by the plaintiff. Such complaint was reduced to writing and verified by the defendant. In addition to such complaint, the defendant was swdrn and examined by the justice touching such complaint. The justice…
1Opinion of the Court
By the Court, Paige, P. J.
It is insisted, by the plaintiff’s counsel, that the warrant issued by Hart Was void ; because it did not state with certainty the value of the property charged to have been stolen, so as to show whether the offence was grand or petit larceny; and because it did not recite the complaint; and because the complaint did not show that any criminal offence had been committed. The written complaint evidently does not charge the commission of a crimina offence. But the case does not turn upon the defects of the written complaint. It appears that the defendant, before the…
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