4 D.C. 626
Decided November 15, 1835
Trespass, assault and battery, and false imprisonment. The plaintiff had been, some time since, arrested upon a writ of ca. sa., issued in favor of these defendants, against himself and one James Kennedy, only, upon a judgment against them jointly with one Hugh Tierney, as recited in the execution ; and had been discharged from that arrest by this Court (Thruston, J., absent,) upon habeas corpus, upon the ground that an execution against two only upon a judgment against…
Decided 1835-11-15
¶1The CouRT
¶2were of opinion that the execution was not irregular, but erroneous ; not void, but voidable ; and that, therefore, the defendants were not liable in this action.
¶3In the course of the trial the Court permitted the plaintiff to produce parol evidence to show that, in fact, no judgment had ever been rendered by the magistrate.
¶4But the jury found a verdict for the defendants.