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5 Johns. 352

Williams v. Spencer

New York Supreme Court

Decided February 15, 1810

New York Supreme Court · decided 1810-02-15

IN error, on certiorari. The defendant in error let out part of his house, and reserved an inner room for himself, which he occupied. The plaintiff in error, who is a constable, having a warrant against the defendant in error, the outer door of the house being open, broke open the door of the inner room, and arrested him. An action of trespass was brought against the constable, before the justice, who gave j udgment for the plaintiff.

Cited by 2 later decisions — most recently April 1888

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1810-02-15

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Per Curiam.

¶1There was no protection, in this case, to the door of the inner room, though occupied separately by the defendant in error. The constable had a right, therefore, to break the door.* The judgment must be reversed.

¶2 Cowp. 1.

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