D. C. Bronson v. Noyes
New York Supreme Court
This was an action of false imprisonment, tried at the Monroe circuit, in March, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The defendant, as under sheriff of Monroe, on the 21st January, 1829, arrested the plaintiff on a capias ad respondendum, at the suit of one Loder, returnable on the third Monday of February, then next. The plaintiff applied to his brother, H. 0. Bronson, to give bail to the sheriff on the arrest.
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This was an action of false imprisonment, tried at the Monroe circuit, in March, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The defendant, as under sheriff of Monroe, on the 21st January, 1829, arrested the plaintiff on a capias ad respondendum, at the suit of one Loder, returnable on the third Monday of February, then next. The plaintiff applied to his brother, H. 0. Bronson, to give bail to the sheriff on the arrest. IL O. Bronson declined becoming bail, but told the sheriff he Would see the plaintiff forthcoming in the morning. The sheriff observed : “ Sign the…
1Opinion of the Court
By the Court,
Nelson, J.
The facts in this case have very much the appearance of a design on the part of a defendant, under arrest on legal process, to take advantage of an officer for relaxing the rigor of its execution through motives of humanity. Ministerial officers, in the execution of process, are often induced from such feelings, to temper the sternness of justice, and often do so, under perilous respon- • sibility; and it would be a reproach upon courts of justice, if they did nqt encourage so generous a spirit, so far as may be compatible with the rights of parties or the public, and…
2Cited by9 opinions
- The People v. . BostwickNew York Court of Appeals · 1865
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Brackett v. . BarneyNew York Court of Appeals · 1863
- State v. PeckSupreme Judicial Court of Maine · 1865
- Ayres v. MilroySupreme Court of Missouri · 1873
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