Williams v. Shillaber
Massachusetts Supreme Judicial Court
Tort, for an assault and false imprisonment. The case was submitted to the Superior Court on agreed facts, in substance as follows. The defendant recovered judgment against the plaintiff, and an execution duly issued thereon remained unpaid. On February 8,1888, the defendant applied to a proper magistrate for a certificate authorizing the plaintiff’s arrest.
Read the full summary
Tort, for an assault and false imprisonment. The case was submitted to the Superior Court on agreed facts, in substance as follows. The defendant recovered judgment against the plaintiff, and an execution duly issued thereon remained unpaid. On February 8,1888, the defendant applied to a proper magistrate for a certificate authorizing the plaintiff’s arrest. On March 29, 1888, a citation was issued by the magistrate notifying the plaintiff to appear before him on April 6 following, for examination touching his estate. The plaintiff appeared before the magistrate, and entered into an agreement…
1Opinion of the CourtMortoh, J.
It is plain that the arrest in this case was illegal. The citation to the plaintiff was issued before the affidavit had been made which was required by the statute. Atwood v. Wheeler, 149 Mass. 96. The fact that it was customary to issue citations before the affidavit was made, and that this custom was known to the plaintiff, did not make the arrest legal. This custom was an illegal one, and the express provision of the statute could not be thus avoided. While the plaintiff knew of the custom, and might have had no reason to doubt that it had been followed in his case, there is nothing to…
2Cases cited5 opinions
- Lane v. HolmanMassachusetts Supreme Judicial Court · 1887
- Carleton v. Akron Sewer Pipe Co.Massachusetts Supreme Judicial Court · 1880
- Smith v. BeanMassachusetts Supreme Judicial Court · 1881
- Atwood v. WheelerMassachusetts Supreme Judicial Court · 1889
- Newmarket National Bank v. CramMassachusetts Supreme Judicial Court · 1881
3Cited by5 opinions
- Ryan v. ConoverOhio Court of Appeals · 1937
- Washington National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Erie R. v. ReigherdCourt of Appeals for the Sixth Circuit · 1909
- Berberian v. MitchellSupreme Court of Rhode Island · 1975
- Simanton v. CaldbeckSupreme Court of Vermont · 1923