Page v. Staples
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. This action was trespass for assault and false imprisonment brought in the Court of Common Pleas. The defendant Staples, a deputy sheriff of the county of Providence, arrested the plaintiff Page on a writ issued by the Justice Court of the town of Gloucester, May 31, 1879, and made returnable June 14, 1879, in an action of trover brought by one Jedidiah Sprague against said Page.
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Exceptions to the Court of Common Pleas. This action was trespass for assault and false imprisonment brought in the Court of Common Pleas. The defendant Staples, a deputy sheriff of the county of Providence, arrested the plaintiff Page on a writ issued by the Justice Court of the town of Gloucester, May 31, 1879, and made returnable June 14, 1879, in an action of trover brought by one Jedidiah Sprague against said Page. The arrest was made June 5, 1879, in the town of Scituate. At the trial in the Court of Common Pleas, Page adduced testimony to show that Staples refused to go with him to…
1Opinion of the CourtMatteson, J.
A majority of the court is of opinion that the defendant was under no obligation to travel about with the plaintiff to enable him to obtain bail. The statute, Gen. Stat. R. I. cap. 196, § 6, 1 does not require an officer to do so, but merely requires him to let the person arrested to bail, upon giving sufficient surety for his appearance at the court to which the writ is returnable, and to abide the final judgment in the suit. If an officer were compelled to go about with a prisoner in search of bail, he would be subjected to loss of time and to labor and expense for which no compensation to…
2Cases cited1 opinion
- Avery v. SeelySupreme Court of Pennsylvania · 1841
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