Comfort v. Fulton
New York Supreme Court
Appeal from a judgment on a verdict. This was an action brought by Andrew Comfort against Philip F. Fulton and Henry Soules, to recover damages for an alleged false imprisonment. In October, 1859, Soules, one of the defendants, being then a justice of the peace, issued a criminal warrant for the arrest of the plaintiff, upon the application of the other defendant, Fulton.
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Appeal from a judgment on a verdict. This was an action brought by Andrew Comfort against Philip F. Fulton and Henry Soules, to recover damages for an alleged false imprisonment. In October, 1859, Soules, one of the defendants, being then a justice of the peace, issued a criminal warrant for the arrest of the plaintiff, upon the application of the other defendant, Fulton. On this application Fulton presented a written complaint alleging that a quantity of potatoes, worth three dollars, had been stolen from him, and that he had reason to suspect the plaintiff of having stolen them. Being…
1Opinion of the Court
By the Court.*— Gould, J.
—There are two palpable defects in the original proceedings before the justice of the peace *283(Soules, the defendant), either one of which renders his whole proceedings, in issuing the warrant, so absolutely without jurisdiction and void, that both defendants must be liable in this action. ■
1. Taking the affidavit of Fulton, as coupled with his oral examination, and the complaint really made before Soules amounts to this: That Comfort had, in one continued act, dug and carried away Fulton’s potatoes, of some indefinite value, guessed at $3. Such an act, at common law,…
2Cited by10 opinions
- People v. LynchMichigan Supreme Court · 1874
- In re the Writ of CorpusNew York Supreme Court · 1894
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
- Pratt v. BogardusNew York Supreme Court · 1867
- People v. ArnsteinNew York Court of General Session of the Peace · 1912
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