Kelsy v. Wright
Connecticut Superior Court
Actiox of trespass, assault and battery, committed by the wife. Plea not guilty. Issue to the jury. Tbe jury find tbe following facts in a special verdict, viz.
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Actiox of trespass, assault and battery, committed by the wife. Plea not guilty. Issue to the jury. Tbe jury find tbe following facts in a special verdict, viz. That in December A. D. 1781, the plaintiff was duly chosen, a constable by the town of Killingsworth and was sworn into office: That in December A. D. 1782, he was again duly chosen a constable by said town: That on the 15th day of January A. D. 1783, he received a warrant, directed to the sheriff, his deputy, or to either of the constables of said Killingsworth, commanding them to arrest the body of said "Wright, and him have before…
1Opinion of the Court
And
by the Court
The law is so upon the facts aforesaid, that the plaintiff was lawful constable and had right to break open the door and enter said house; and judgment was for the plaintiff to recover; for although said Wright was not in the house, the plaintiff had good reason to suppose he was. A constable being an annual officer, and the plaintiff being duly chosen and sworn constable in December A. D. 1781, and re-chosen again in December A. D. 1782, he continued a lawful constable, although he was not sworn again until afterwards. 1 Strange, 625, Foot v. Prows.
This judgment was affirmed…
2Cited by7 opinions
- Steagald v. United StatesSupreme Court of the United States · 1981
- Accarino v. United StatesCourt of Appeals for the D.C. Circuit · 1949
- McCall v. Byram Manufacturing Co.Supreme Court of Connecticut · 1827
- Congregational Society of Bethany v. SperrySupreme Court of Connecticut · 1834
- Mollie Slaybaugh v. Rutherford Cnty., Tenn.Court of Appeals for the Sixth Circuit · 2024
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