Martin v. Collins
Massachusetts Supreme Judicial Court
Tort, for false imprisonment. At the trial in the Superior Court, before Sheldon, J., it appeared in evidence that the plaintiff was duly sentenced by the Police Court of Lowell for drunkenness,.on September 9, 1893, to six months’ imprisonment at the workhouse in Lowell; that the court issued a precept or mittimus upon the sentence in due form, and committed the same for service to one Cawley, an officer authorized to serve it, who by virtue thereof took the plaintiff to…
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Tort, for false imprisonment. At the trial in the Superior Court, before Sheldon, J., it appeared in evidence that the plaintiff was duly sentenced by the Police Court of Lowell for drunkenness,.on September 9, 1893, to six months’ imprisonment at the workhouse in Lowell; that the court issued a precept or mittimus upon the sentence in due form, and committed the same for service to one Cawley, an officer authorized to serve it, who by virtue thereof took the plaintiff to the workhouse and left him there in execution of the sentence, and left with the defendant what purported to be a copy of…
1Opinion of the CourtAllen, J.
By Pub. Sts. c. 215, § 28, it was made the official duty of the officer who served the mittimus to leave with the keeper of the prison an attested copy thereof with his return thereon, and this is a sufficient warrant to the keeper for the detention of the party committed. The copy takes the place of a precept addressed to the keeper. It is contended for the plaintiff that the above section of the statute contemplates that a correct copy shall be left. But the keeper may and must assume the attested copy to be correct, unless there is something to show the contrary. An inaccurate copy may be…
2Cited by8 opinions
- James Francis v. Arthur T. LymanCourt of Appeals for the First Circuit · 1954
- Patterson v. Von RiesenCourt of Appeals for the Eighth Circuit · 1993
- Patterson v. Von RiesenCourt of Appeals for the Eighth Circuit · 1993
- David v. LarochelleMassachusetts Supreme Judicial Court · 1936
- Weigel v. BrownCourt of Appeals for the Eighth Circuit · 1912
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