Warner v. Shed
New York Supreme Court
THIS was an action of trespass and false imprisonment. The Mr. Justice Thompson, at the Ontario circuit, in September, 1812. The defendant being a constable, in the execution of his office, received a warrant of commitment, under the hands and seals of . . . e three justices of the peace, against the plaintiff by virtue of which took and cniiied the plaintiff to the county gaol, where he was imprisoned, 1 The warrant stated that the plaintiff and another had been brought…
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THIS was an action of trespass and false imprisonment. The Mr. Justice Thompson, at the Ontario circuit, in September, 1812. The defendant being a constable, in the execution of his office, received a warrant of commitment, under the hands and seals of . . . e three justices of the peace, against the plaintiff by virtue of which took and cniiied the plaintiff to the county gaol, where he was imprisoned, 1 The warrant stated that the plaintiff and another had been brought before the justices, and convicted, at a court of special sessions, of an assault and battery, and fined 25 dollars, and…
1Per curiam
The warrant stated that the plaintiff and another had been convicted at a court of special sessions, for an assault and battery, and it mentioned the three justices before whom the plaintiff had been brought. Three justices have jurisdiction, in certain cases, of breaches of the peace, and have power to fine and imprison for the same. They had jurisdiction. *142therefore, of the subject matter, and that was enough to jnstif~ the constable in serving the mitt~'inus, fQr he was nqt bound t~ examine mtp the validity of the pr9ce~dings and of the process. It was sufficient for hini that three…
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