Hunter v. Burtis & Ellsworth
New York Supreme Court
This was an action for false imprisonment, tried at the Sara-toga circuit in May, 1831, before the Hon. Esek Cowen, one of the circuit judges. The false imprisonment was alleged to consist in the arrest of the plaintiff on a justice’s warrant, which it was insisted by the plaintiff had been illegally issued, on the ground of the want of jurisdiction in the justice.
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This was an action for false imprisonment, tried at the Sara-toga circuit in May, 1831, before the Hon. Esek Cowen, one of the circuit judges. The false imprisonment was alleged to consist in the arrest of the plaintiff on a justice’s warrant, which it was insisted by the plaintiff had been illegally issued, on the ground of the want of jurisdiction in the justice. The facts were these: Samuel Burtis applied to a justice of the peace of the town of Saratoga Springs, in the county of Saratoga, for a warrant against Hunter, in favor of Stephen H. Burtis, and made affidavit that Stephen H.…
1Opinion of the Court
By the Court,
Nelson, J.
I am of opinion the judge erred, and that a new trial ought to be granted. It is provided by the revised statutes that a justice shall, upon application, issue a warrant, where the plaintiff is a non-resident, and tenders to such justice security for the payment of any sum which may be adjudged against him in the suit. 2 R. S. 228, § 17. The 19 th section requires that the fact of non-residence be shewn to the justice by affidavit. These requisites were strictly complied with, and undoubtedly gave to the justice jurisdiction in the case.
Actions, of which a justice has…
2Cited by8 opinions
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- Williamson v. Field's ExecutorsNew York Court of Chancery · 1845
- McMullin v. ErwinSupreme Court of Vermont · 1897
- Schalk v. KingsleySupreme Court of New Jersey · 1880
- Weaver v. RixMichigan Supreme Court · 1896
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