Holley v. Mix
New York Supreme Court
This was an action for false imprisonment, tried at the . r 7 Schenectady circuit in January, 1828, before the Hon. Wil-LIAM A- DüEE’ then 0ne °f the circuit judges, In June, 1827, Stephen Mix, a brother of the defendant Mix, obtained from E. L. Davis, Esq. a justice of the peace of the county of Schenectady, a warrant against the plaintiff on a charge of having felonously stolen a ten dollar bank bill.
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This was an action for false imprisonment, tried at the . r 7 Schenectady circuit in January, 1828, before the Hon. Wil-LIAM A- DüEE’ then 0ne °f the circuit judges, In June, 1827, Stephen Mix, a brother of the defendant Mix, obtained from E. L. Davis, Esq. a justice of the peace of the county of Schenectady, a warrant against the plaintiff on a charge of having felonously stolen a ten dollar bank bill. Stephen Mix was deputed to serve the warrant, . . . , . . .' . and went in pursuit oí the plamtitt, whom he overtook on the cana] a few miles west of Schenectadv; and having lost the - ’ °…
1Opinion of the Court
By the Court,
Savage, Ch. J.
There is certainly an inaccuracy in the charge of the judge, as stated in the bill of exceptions. The judge is represented as lying down the broad proposition, that a felon can in no case be arrested without warrant, when there is time to obtain one. My understanding of the law is, that if a felony has in fact been committed by the person arrested, the arrest may be justified by any person without warrant, whether there is time to obtain one or not. If an innocent person is arrested upon suspicion by a private individual, such individual is excused if a felony was…
2Cited by53 opinions
- United States v. WatsonSupreme Court of the United States · 1975
- Kurtz v. MoffittSupreme Court of the United States · 1885
- West v. CabellSupreme Court of the United States · 1894
- Balbo v. . the PeopleNew York Court of Appeals · 1880
- Stevenson v. StateCourt of Appeals of Maryland · 1980
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