Griswold v. Sedgwick
New York Supreme Court
Trespass, for false imprisonment ; tried at the New* York circuit, March 151⅞, 1826, before Duer, C. Judge ; when the following facts appeared : The plaintiff, Daniel S. Griswold, was arrested under process, purporting to have been issued out of the equity-side of the United States circuit court for the southern district of New-York, directed to the marshal of that district, commanding him to take the body of Samuel Sr Gris-? wold. The process was issued by the Messrs.
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Trespass, for false imprisonment ; tried at the New* York circuit, March 151⅞, 1826, before Duer, C. Judge ; when the following facts appeared : The plaintiff, Daniel S. Griswold, was arrested under process, purporting to have been issued out of the equity-side of the United States circuit court for the southern district of New-York, directed to the marshal of that district, commanding him to take the body of Samuel Sr Gris-? wold. The process was issued by the Messrs. Sedgwicks, two of the defendants in this suit, as solicitors and counsel for Samuel Hill: and the arrest was made by Reidy as…
1Opinion of the Court
Curia, per
Sutherland, J.
If the process, on the face of it, did not authorize the arrest of the plaintiff, then it was irregular and void as against him, and can afford no justification to any of the parties concerned in the issuing or execution of it. In such a case, it is not-necessary that the process should be set aside before an aetion can be sustained ; nor is it material out of what jurisdiction it purports to have been issued. The defendants justify the arrest of Daniel S. Griswold, under an execution against Samuel S. Griswold. The execution itself may be regular; there may be no…
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