Lee v. Averill

2 Sandf. 621

Opinion

Vanderpoel, J.

The warrant was clearly void. Section 106 of the code (of 1848,) applies, and the suit was not commenced when it was issued. The 79th section relates merely to saving the statute of limitations. The defendant must be discharged. I am asked to impose as a condition that he will not sue for false imprisonment, but I have no control over the matter.

Defendant discharged.