Foster v. Trull
New York Supreme Court
THESE were actions of .assault and battery, .andfalse imprison? tnent, tried at the Onondaga circuit,. in- June .last, before Sir.
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THESE were actions of .assault and battery, .andfalse imprison? tnent, tried at the Onondaga circuit,. in- June .last, before Sir. Justice Van Ness.;, .- . ■ ' - ■ • ■ ; - ¡ -It'ivas proved that the defendant, Tridl, who was .a captain in the army of the United States, ■ in consequence of Ms having suffered, in an .attempt to remové- the plaintiffs and others,-' out of. a house- in which they lodged-, and where they were making a , *>' °. ’ ■ J ° noise and disturbance, ordered a sergeant, one Trueman Curtis, .. * ' o ? .... ? with, sixteen soldiers, armed with muskets and bayonets: to arFest…
1Opinion of the CourtYates, J.
There can be no question, that paroi proof, respecting the existence of process issued out of a court, is inadmissible. The process itself must be produced, or a sworn copy ; and if the original is lost,' it ought to be accounted for. Jt is somewhat extraordinary that this was not done on the trial of these causes. There are strong reasons to believe, that the writs which were issued in the various suits first commenced by those parties against each other, ■with £he sheriff’s return endorsed, were never filed in the clerk’s *458office, after the .written agreement in relation to those . suits faá…
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