Legal Opinion

Putnam v. Man

New York Supreme Court

Decided August 15, 1829PublishedCited by 25 opinions

T his was an action of trespass and false imprisonment, tried . . . 1 * _ at the Saratoga circuit in November, 1827, before the Hon. R,EUBBN Hyde Walworth, then one of the circuit judges. 7 v ° The false imprisonment complained of was an' arrest on 3d August, 1827, on an execution issued by a justice of the peace, in a suit in a favor of the present defendant against the plaintiff, on which he was detained in custody about two hours, when he paid the amount thereof.

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T his was an action of trespass and false imprisonment, tried . . . 1 * _ at the Saratoga circuit in November, 1827, before the Hon. R,EUBBN Hyde Walworth, then one of the circuit judges. 7 v ° The false imprisonment complained of was an' arrest on 3d August, 1827, on an execution issued by a justice of the peace, in a suit in a favor of the present defendant against the plaintiff, on which he was detained in custody about two hours, when he paid the amount thereof. It appeared in evidence that on the 9th July, 1827, Man being a constable, procured from a justice of peace two summonses in his…

1Opinion of the Court

By the Court,

Sutherland, J.

Two questions arise in this case: 1st. Whether a plaintiff, being a constable, can legally serve a summons in his own favor ? 2nd. Whether the return upon the summons can be impeached in this action?

The first question was decided in the case of Tuttle v. Hunt, (2 Cowen, 436.) It was there held that a plaintiff in a justice’s court might serve his own summons, either where he is himself a constable, or is specially deputed for the purpose, in analogy to the case of a capias, where no bail is required, which may be served by the sheriff when he is plaintiff, or by any…

2Cases cited1 opinion

  1. Griswold v. SedgwickNew York Supreme Court · 1828

3Cited by25 opinions

  1. Jeffries v. WrightSupreme Court of Missouri · 1873
  2. Fitch v. DevlinNew York Supreme Court · 1853
  3. New-York & Erie Railroad v. PurdyNew York Supreme Court · 1854
  4. Allen v. MartinNew York Supreme Court · 1833
  5. Van Rensselaer v. ChadwickNew York Supreme Court · 1852

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