Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 64

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 64

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...cases found in the books. Recent ones are Fletcher v. Peck, 6 Cranch, 87, 133; Taylor v. Porter, 4 Hill (N. Y.), 146; Doolittle v. Clark, 47 Conn., 316; Parrott v. Housatonic R. R. Co., 47 id., 575; Dyer v. Smith, 12 id., 384. The case most strongly pressed by the plaintif f was Schroder v. Ehlers, 31 N. J. Law, 44. A statute of that State provided that certain trespasses to lands might be punished by a fine which went to the owner of the land. The defendant in the case was a justice of the peace and was the owner of the land on which such a trespass had been committed by the plaintiff. The defendant had arrested the plaintifl', brought him before himself and sentenced him to pay a fine. The case was a writ of error to reverse that judgment. In the course of the opinion the court says: --" The entry upon the land in question was in no wise a breach of the peace, but a simple tort, of a civil character. Its punishment appertained not to criminal but to civil jurisdiction." The judgment was reversed on the ground that the defendant was disqualified by interest from acting in the case. Cooley on Torts, 421. The cases of Rex v. Great Yarmouth, 6 B. & C., 646, and Rex v. Hoseason, 14 East, 605, cited by the plaintiff, are cases which, though criminal in form, are really civil in effect. In each of these cases the magistrate who tried it was the complainant, or moving party in the prosecution. The complaint in the case before us alleges, as ground upon which damages were demanded, the arrest of the plaintiff on the warrant signed by justice Tuttle, and the detention before him, as well as the arrest on the mittimus, the being taken to jail, and the imprisonment there. We have shown that justice Tuttle_ had authority to...
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Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236891694
  • 9781236891693