Gray v. Davis
Supreme Court of Connecticut
Trespass for breaking into the plaintiff’s house and seizing and carrying away certain brandy belonging to him, with the vessel containing it. The defense was that the act was done under the direction and in aid of one Charles Benjamin, a constable of the town of Danbury, in the execution of a warrant issued by a justice of the peace of that town, directing the constable to search for and seize certain liquors and the vessels in which they were contained.
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Trespass for breaking into the plaintiff’s house and seizing and carrying away certain brandy belonging to him, with the vessel containing it. The defense was that the act was done under the direction and in aid of one Charles Benjamin, a constable of the town of Danbury, in the execution of a warrant issued by a justice of the peace of that town, directing the constable to search for and seize certain liquors and the vessels in which they were contained. On the trial to the jury the defendant offered in evidence a document purporting to be the record of the proceedings before the justice, to…
1Opinion of the CourtSanford, J.
This is an action of trespass for breaking into the plaintiff’s house, and taking away ajar, and a small quantity of brandy, belonging to the plaintiff. The defendant justified as the servant of a constable in the execution of a warrant directed to the officer, requiring him to search for and seize the liquor and vessel containing it, under the twelfth section of the act for the suppression of intemperance ; and upon the trial he offered in evidence a paper purporting to be the original complaint, and the warrant issued thereon, with the officer’s return of the seizure of the liquor, and the…
2Cases cited1 opinion
- Allyn v. MatherSupreme Court of Connecticut · 1832
3Cited by17 opinions
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1952
- Asner v. StateCourt of Appeals of Maryland · 1949
- Allen v. StateCourt of Appeals of Maryland · 1940
- State v. . VoightSupreme Court of North Carolina · 1884
- Lowrey v. GridleySupreme Court of Connecticut · 1862
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