24 Wend. 418
Decided October 15, 1840
New York Supreme Court · decided 1840-10-15
Error from the Montgomery common pleas. Thomas sued Frost for an assault, battery and false imprisonment. The defendant attempted to justify as a special deputy in serving a warrant for larceny, issued by a justice of the peace. The plaintiff required the defendant to show him ^the warrant, before he would submit to the arrest, which the de- [ *419 ] fendant not doing, the plaintiff resisted and the defendant beat Mm.
Cited by 1 later decisions — most recently May 1894
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1840-10-15
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¶1The court held that a special deputy is hound to show his warrant if requested to do so, and if he omit, the party against whom the warrant is may resist an arrest, and the warrant under such circumstances is no protection against an action for an assault, battery and false imprisonment. See The People v. Hubbard, ante.
¶2Judgment affirmed.