Taylor v. Strong
New York Supreme Court
This was an action for false imprisonment, tried at the Oneida circuit in October, 1828, before the Hon. Nathan Williams, one of the circuit judges. Strong, as a constable, arrested the plaintiff on an execution against him in favor of one Balis.
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This was an action for false imprisonment, tried at the Oneida circuit in October, 1828, before the Hon. Nathan Williams, one of the circuit judges. Strong, as a constable, arrested the plaintiff on an execution against him in favor of one Balis. The plaintiff beat Strong with a pole ; Strong commanded Blanchard to assist him, who did so ; but after a considerable scuffle the plaintiff made his escape, and proceeded to the store of the plaintiff in the execution, which was near by, when he paid the amount of the execution, Strong having followed the plaintiff in this suit to the store. On his…
1Opinion of the Court
By the Court,
Marcy, J.
It is not pretended that the constable Strong, had any precept which authorized him to make the'arrest in the street, for which this action is brought; but it is attempted to be justified on the ground that Taylor, in resisting the officer when attempting to arrest him on the execution, beating him, ami exciting the affray which took place there, had committed a breach of the peace; and haveing done it in presence of the constable, who is ex officio a conservator of the peace, he had a right, and it was his duty, as a constable, to arrest him without a warrant; and if he…
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