Hyde v. Malley
Massachusetts Supreme Judicial Court
Tort against James Halley and Timothy Murray for false imprisonment. Trial in the Superior Court, before Aldrich, J., who reported the case for the determination of this court in substance as follows: The jury found for the defendant Malley, and the only question was as to the defence of the defendant Murray, a constable, who arrested the plaintiff and committed him to jail.
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Tort against James Halley and Timothy Murray for false imprisonment. Trial in the Superior Court, before Aldrich, J., who reported the case for the determination of this court in substance as follows: The jury found for the defendant Malley, and the only question was as to the defence of the defendant Murray, a constable, who arrested the plaintiff and committed him to jail. Murray justified the arrest under an execution issued from the First District Court of Eastern Worcester against the plaintiff, in favor of Malley His return thereon was as follows: “ Worcester, ss. January 4th, A. D.…
1Opinion of the CourtAmes, J.
Upon the assumption that a proper certificate was necessary to the officer’s justification, (which we need not decide,) we find no error in his proceedings. He had the debtor before a magistrate who had authority to act in such a case. The District Court and the justice thereof have the same jurisdiction, power and authority as police courts and the justices thereof under the Gen. Sts. e. 124, § 9, and the St. of 1872, c. 200, § 1. Having authority to act in the case, it is to be presumed that he acted under that authority, and that the court was not in session at the time, notwithstanding…
2Cases cited1 opinion
- Sabins v. JonesMassachusetts Supreme Judicial Court · 1875
3Cited by1 opinion
- Commonwealth v. LynnMassachusetts Supreme Judicial Court · 1891