Bradstreet v. Furgeson
Court for the Trial of Impeachments and Correction of Errors
Error from tbe supreme court. This was an action for false impriso nment brought by Martha Bradstreet against James (J. Furgeson. The imprisonment complained of, consisted in the arrest of the plaintiff on a warrant issued by the defendant, as a justice of the peace, on the complaint of a party who demanded sureties of the peace against the plaintiff, and her subsequent committal for refusing to give sureties.
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Error from tbe supreme court. This was an action for false impriso nment brought by Martha Bradstreet against James (J. Furgeson. The imprisonment complained of, consisted in the arrest of the plaintiff on a warrant issued by the defendant, as a justice of the peace, on the complaint of a party who demanded sureties of the peace against the plaintiff, and her subsequent committal for refusing to give sureties. The action was attempted to be sustained on the ground that due proceedings had not been had, to confer jurisdiction upon the magistrate in this particular case. The defendant, on the…
1Opinion of the Court
By the Chancellor.
The defendant, who was a magistrate, was sued by the plaintiff for false imprisonment, for causing her to be arrested upon two warrants and brought before him to find sureties to keep the peace ; and for committing her to jail, upon her refusal to give such security.
It is insisted on the part of the plaintiff in error, that the whole proceedings against her were illegal and unauthorized, because there was not a complaint in writing and upon oath, made to the magistrate, before he proceeded to examine the prosecutor on oath, and to reduce such examination to writing. The…
2Cited by7 opinions
- State ex rel. Jackson v. KennieMontana Supreme Court · 1900
- Blythe v. TompkinsNew York Supreme Court · 1856
- Russell v. HubbardNew York Supreme Court · 1849
- People ex rel. Day v. ReeseNew York Surrogate's Court · 1898
- Shaefer v. SmithSupreme Court of New Jersey · 1919
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