¶1Trespass does not lie in this case, for the writ being good at the time it was served, the arrest was not tortious. The justice had jurisdiction of the cause, and it was only by reason of an event subsequent to the service of the writ, that it became inoperative. The plaintiff’s remedy is by an action of the case against the defendant, if the justice’s absence arose from his negligence ; or against the justice, if he was notified of the process, and voluntarily or negligently absented himself.
16 Mass. 450
Shaw v. Reed
Massachusetts Supreme Judicial Court
Decided October 15, 1820
Massachusetts Supreme Judicial Court · decided 1820-10-15
Trespass for an assault and battery, and false imprisonment. Trial on the general issue in the Common Pleas. The defendant brought an action against the plaintiff, for a certain demand of three dollars, before a justice of the peace, and caused him to be arrested and held to bail.
Cited by 2 later decisions — most recently July 1888
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1820-10-15
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