Hubbard v. Mace

17 Johns. 127

Opinion

Per Curiam.

If the fact that the outer door had been broken open had been clearly shown, we should have had no difficulty in granting the application. It appears, however, that the usual access to the inner rooms was through the back door and kitchen, which were open; and that the deputy-sheriff used no more force than was necessary to break open the door of the room occupied by the defendant. The motion must be denied. (Cowper, 1.)

Motion denied.