Atchinson v. Spencer
New York Supreme Court
Error from the Monroe common pleas. Spencer sued Atchinson in trespass, assault, battery and false imprisonment, and proved that on the 8th July, 1829, he was arrested by a constable on a warrant issued by Atchinson, who was a justice of the peace of the town of Parma, in the county of Monroe.
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Error from the Monroe common pleas. Spencer sued Atchinson in trespass, assault, battery and false imprisonment, and proved that on the 8th July, 1829, he was arrested by a constable on a warrant issued by Atchinson, who was a justice of the peace of the town of Parma, in the county of Monroe. The warrant was produced in court: it recited that information upon oath had been made before Atchinson by Alien Weston, that he saw Spencer sell a quantity of beer on the day of the complaint, and as he, Weston, verily believed, contrary to the statute in such case made and provided ; and then…
1Opinion of the Court
By the Court,
Sutheeeahd, J.
It is to be assumed upon this motion that a regular complaint upon oath was made to the magistrate, charging the defendant with an offence prohibited by the act in question; that the warrant was issued upon that complaint, and that the omission to insert the whole complaint, or enough of it to shew the offence, was a mere mistake or inadvertence on the part of the magistrate, and that the defendant was guilty of the offence with which he was charged by the complainant. And the case seems to resolve itself into the question whether it is indispensable to the…
2Cited by11 opinions
- People Ex Rel. Jourdan v. DonohueNew York Court of Appeals · 1881
- Stewart v. HawleyNew York Supreme Court · 1839
- Ford v. StateAppellate Division of the Supreme Court of the State of New York · 1964
- Pratt v. BogardusNew York Supreme Court · 1867
- Blythe v. TompkinsNew York Supreme Court · 1856
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