Bugbee v. Boyce
Supreme Court of Vermont
Case for false imprisonment. Heard upon the report of a referee at the June term, 1894, Caledonia county, Tyler, J., presiding. Judgment for the defendants. The plaintiff excepts.
Read the full summary
Case for false imprisonment. Heard upon the report of a referee at the June term, 1894, Caledonia county, Tyler, J., presiding. Judgment for the defendants. The plaintiff excepts. The first warrant under which the plaintiff was confined was as follows: “State of Vermont . v. Ella Bugbee. •“State of Vermont, > To any sheriff or constable in the Caledonia County, j State, Greeting : “Whereas, Lorenzo Warren, special prosecutor for the town of Burke, on the eleventh day of May, A. D. 1892, at Burke,.in said.county, brought before us, Wendell Silsby, a justice of the peace within and for said…
1Opinion of the CourtMunson, J.
The justification of the defendants depends upon the sufficiency of the warrants under which the plaintiff was committed. An officer is justified in executing a process that is good upon its face. Gage v. Barnes, 11 Vt. 195; Churchill v. Churchill, 12 Vt. 661. It is not claimed that the case discloses any ground on which the magistrate can be held liable, if the warrants are sufficient to justify the officer.
It appears from the warrants that the plaintiff was brought before the defendant Silsby, a justice of the peace,' on the nth day of May, 1892, by the defendant Warren as special…
2Cases cited4 opinions
- Commonwealth v. LockwoodMassachusetts Supreme Judicial Court · 1872
- Churchill v. ChurchillSupreme Court of Vermont · 1839
- Gage v. BarnesSupreme Court of Vermont · 1839
- In re PierceSupreme Court of Vermont · 1874
3Cited by5 opinions
- In Re WatsonSupreme Court of North Carolina · 1911
- State v. Superior CourtSupreme Court of Delaware · 1958
- State v. HirschSupreme Court of Vermont · 1917
- Rugg v. DegnanSupreme Court of Vermont · 1922
- United States v. LaborDistrict Court, D. Vermont · 1998