Perry v. Johnson
Supreme Court of Connecticut
Trespass for an assault and false imprisonment; brought to the Superior Court in Windham County and tried on the general issue, with notice, closed to the court, before Carpenter, J. The court found the following facts : On the 20th day of November, 1868, the plaintiff was arrested by the defendant Smith, upon a complaint and warrant charging him with the offence of disturbing a public school in the town of Putnam.
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Trespass for an assault and false imprisonment; brought to the Superior Court in Windham County and tried on the general issue, with notice, closed to the court, before Carpenter, J. The court found the following facts : On the 20th day of November, 1868, the plaintiff was arrested by the defendant Smith, upon a complaint and warrant charging him with the offence of disturbing a public school in the town of Putnam. The warrant was signed by the defendant Johnson, who was then a justice of the peace of the town. The process was regular in all respects, except that the complaint was addressed…
1Opinion of the CourtPhelps, J.
The question presented for our determination in this case is, whether the process upon which the plaintiff was arrested was valid, so as to justify the magistrate who signed and the officer who served it. The exception taken to it's sufficiency is, that the complaint was addressed by name to one justice of the peace residing in the town in which the offence was committed, and the warrant was not signed by him, but by the defendant Johnson, who was also a justice of the peace in the same town.
The provision of the statute on' which the plaintiff relics is in these words: “ Every justice of the…
2Cases cited1 opinion
- Neth v. CrofutSupreme Court of Connecticut · 1862
3Cited by8 opinions
- State v. CookSupreme Court of Connecticut · 1981
- State v. SurowieckiSupreme Court of Connecticut · 1981
- State v. AlmoriConnecticut Appellate Court · 1966
- Zanks v. FluckigerConnecticut Superior Court · 1961
- Binette v. SaboSupreme Court of Connecticut · 1998
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