Rogers v. Mulliner
New York Supreme Court
This was an action for false imprisonment, tried at the Orange circuit in April, 1829, before the Hon. James Emott, then one of the circuit judges. The declaration was in the usual form, and the defendants severed in their defence. The plaintiff was arrested on a warrant, issued under the fifty dollar act, by Moores as a justice of the peace, at the suit of Mulliner.
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This was an action for false imprisonment, tried at the Orange circuit in April, 1829, before the Hon. James Emott, then one of the circuit judges. The declaration was in the usual form, and the defendants severed in their defence. The plaintiff was arrested on a warrant, issued under the fifty dollar act, by Moores as a justice of the peace, at the suit of Mulliner. No summons had been previously issued, nor was the warrant issued on oath that the defendant was about to depart from the county, or that the plaintiff would be in danger of losing his debt, unless the process against the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is conceded that the defendant, Mulliner, is liable in this action, but it is contended that the justice is not; and whether he is or not is the question. When the case of Percival v. Jones, 2 Johns. C. 49, came before this court, it was laid down as a general proposition, that “ In courts of special and limited jurisdiction, the rule is strict that the party becomes a trespasser who extends the power of the court to a case in which it can*600not lawfully be extended.” Several cases are referred to in SUpp0rf. 0f the doctrine, which is undoubtedly correct. The…
2Cases cited1 opinion
- Gold v. BissellNew York Supreme Court · 1828
3Cited by21 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
- Hoose v. SherrillNew York Supreme Court · 1836
- Appling v. StateSupreme Court of Arkansas · 1910
- Percival v. JonesNew York Supreme Court · 1800
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