Blythe v. Tompkins
New York Supreme Court
Motion for judgment on a verdict taken in a cause reserved for further consideration. This was an action for assault and battery and false imprisonment, brought by George Blythe against Aaron J. Tompkins. It was tried before Justice Balcom, at the Tompkins circuit, in February, 1856. The jury found a verdict for the plaintiff for $20 damages, and it was thereupon ordered that the cause be reserved for further consideration pursuant to section 264 of the Code.
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Motion for judgment on a verdict taken in a cause reserved for further consideration. This was an action for assault and battery and false imprisonment, brought by George Blythe against Aaron J. Tompkins. It was tried before Justice Balcom, at the Tompkins circuit, in February, 1856. The jury found a verdict for the plaintiff for $20 damages, and it was thereupon ordered that the cause be reserved for further consideration pursuant to section 264 of the Code. The proof was, that on July 26,1856, a complaint was made on oath before the defendant, who then was a justice of the peace, at his…
1Opinion of the Court
BalcoMj J.
The defendant having jurisdiction to issue warrants for the apprehension of persons, for violating the provisions of the “ act to prevent intemperance, pauperism, and crime,” could not be made liable in a civil action for deciding that a warrant should issue on insufficient evidence. In determining whether there was sufficient evidence to authorize the issuing of a warrant, he acted judicially; and he is not liable while thus acting even, if he erred in judgment. (Horton v. Auchmoody, 7 Wend., 200; Tompkins v. Sands, 8 Wend., 462, 19 Wend., 56, 1 Den., 537, 540, and 590; Payne v.…
2Cases cited18 opinions
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3Cited by9 opinions
- Lippman v. PeopleIllinois Supreme Court · 1898
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- Gelzenleuchter v. NiemeyerWisconsin Supreme Court · 1885
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