Smith v. Shaw
New York Supreme Court
IN ERROR, from the Court of Common Pleas of Jefferson county. Shaw brought an action of assault and battery, and false imprisonment, against Smith, in the court below. The defendant pleaded not guilty, with notice of special justification, to be given in evidence on the trial.
Read the full summary
IN ERROR, from the Court of Common Pleas of Jefferson county. Shaw brought an action of assault and battery, and false imprisonment, against Smith, in the court below. The defendant pleaded not guilty, with notice of special justification, to be given in evidence on the trial. At the trial, in July, 1814, it was proved, on the part of the plaintiff, that, in January, 1814, Sham was arrested, at Adams, distant about fifteen miles from Sachet’s Harbour, by two persons, whose name's were Hopkins and Findley, and carried by them to Sachet’s Harbour. The witness applied to the defendant to get…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the CourL , This ease comes before tlnr court upon a writ of error to the *265common pleas of Jefferson county, upon a bill of exceptions taken at the trial, for excluding the testimony offered on the part of the defendant below. The action was for false imprisonment; and the defendant, under the general issue, gave notice of a justification; to support which, upon the trial, he offered to prove, that the plaintiff was committed to the provost guard by Hopkins and Findley, who were officers of the army of the United States, charging him, the plaintiff, in…
2Cases cited1 opinion
- Wise v. WithersSupreme Court of the United States · 1806
3Cited by26 opinions
- People v. CookNew York Supreme Court · 1852
- Wall v. TrumbullMichigan Supreme Court · 1867
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- People, Ex Rel. Frey v. . the Warden, Etc.New York Court of Appeals · 1885
- In re KempWisconsin Supreme Court · 1863
21 more not listed; retrieve them via the Exa API.