Bradstreet v. Furgeson
New York Supreme Court
This was an action of false imprisonment, tried at the Herkimer circuit, m March, 1835, before the Hon. Hiram Denio, one of the circuit judges.
Read the full summary
This was an action of false imprisonment, tried at the Herkimer circuit, m March, 1835, before the Hon. Hiram Denio, one of the circuit judges. The plaintiff proved that she was arrested on the 7th July, 1834, by virtue of a criminal warrant, issued by the defendant as a justice of the peace of the county of Herkimer, and brought before him, and then discharged; that on the next day she was again arrested and brought before him on another warrant issued by him, and that he then issued a warrant of commitment, by virtue of which she was taken to the jail of the county, where she remained six…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The several warrants upon which the plaintiff was arrested, and which constitute the alleged false imprisonment, were issued by the defendant under the provisions of the revised statutes for the prevention of crime (2 R. S. 703); which are distinct and separate from those prescribed in cases where crimes are alleged to have been "actually committed (Id. 706). Some confusion existed upon the argument by confounding the proceedings in the two cases.
By the 2d § p. 704, it is provided, that whenever complaint shall be made in writing and upon oath, to any magistrate…
2Cited by2 opinions
- People Ex Rel. Allen v. . HaganNew York Court of Appeals · 1902
- Payne v. BarnesNew York Supreme Court · 1849