Wood v. Kinsman
Supreme Court of Vermont
This was an action of Trespass for Assault and Battery and False Imprisonment. The defendants plead not gw7 ty -as to the assault and battery; and in justification of the imprisonment, in substance, that the present plaintiff had been arrested by a Sheriff by virtue of an execution in fa•vor of the firm of Center Lamb & Co., by direction of said Lamb to said Kinsman, who acted as the attorney on said execution for the creditorsThat said execution was issued upon a regular…
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This was an action of Trespass for Assault and Battery and False Imprisonment. The defendants plead not gw7 ty -as to the assault and battery; and in justification of the imprisonment, in substance, that the present plaintiff had been arrested by a Sheriff by virtue of an execution in fa•vor of the firm of Center Lamb & Co., by direction of said Lamb to said Kinsman, who acted as the attorney on said execution for the creditorsThat said execution was issued upon a regular judgement rendered by a Justice of the Peace, and that this was the imprisonment complained of. To this plea in bar, the…
1Opinion of the Court
The opinion of the Court was pronounced by
Baylies, J.
In this case, the County Court rendered judgement for the defendants to recover their costs, and the plaintiff appealed to this Court for their decision on the pleadings.
The several statutes, which have relation to this case, as far as it is necessary to quote them, are as follow:— The act of March 9th, 1797, Sec. 12, says, “ Such prisoner (after having received a certificate, that he or she had taken the poor debtors’ oath, and having paid certain charges) shall thereupon be discharged ; and his or her body be thereafter exempt from…
2Cases cited2 opinions
- Brown v. GetchellMassachusetts Supreme Judicial Court · 1814
- Fletcher v. BaxterSupreme Court of Vermont · 1827
3Cited by5 opinions
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- Santerre v. SylvesterSupreme Court of Vermont · 1937
- Cooke v. Superior CourtCalifornia Court of Appeal · 1925
- Jones v. KnaussNew Jersey Court of Chancery · 1879
- Woods v. DavisSupreme Court of New Hampshire · 1857