Crookshank v. Kellogg

Kellogg brought an action for an assault and battery and false imprisonment against Crookshank. The defendant pleaded the general issue, and also the following special plea: That the defendant, on, &c., made oath before a certain justice of the peace, that he had been threatened by the plaintiff, and that he believed the plaintiff would *257do some bodily injury to him or his family, or destroy his property, &c., and prayed surety of the peace; that the thereupon issued his warrant, &c., and delivered the same to a constable; that the constable, by virtue of said warrant, arrested the plaintiff,…