Ray v. Hogeboom

New York Supreme Court

Ray v. Hogeboom

11 Johns. 433

CourtNew York Supreme Court

DecidedOctober 15, 1814

StatusPublished

Cited by9 cases

This text of 11 Johns. 433 (Ray v. Hogeboom) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ray v. Hogeboom, 11 Johns. 433 (N.Y. Super. Ct. 1814).

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Opinion

Spencer, J.

delivered the opinion of the court. The judgment must be reversed. The constable was not bound to notice the fact, that Tracer was protected from arrest; but if he chooses to notice it, or neglects to take a person privileged from, arrest, and can show that he is so privileged, it is a good defence in an action against him. No wrong or injury has feeesa [434]*434done to Hogeboom. He had no right to arrest the body of Tracer; and having no right to do so, he cannot found any action on the neglect to execute his writ.

Judgment reversed.

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Spencer, J.

delivered the opinion of the court. The judgment must be reversed. The constable was not bound to notice the fact, that Tracer was protected from arrest; but if he chooses to notice it, or neglects to take a person privileged from, arrest, and can show that he is so privileged, it is a good defence in an action against him. No wrong or injury has feeesa [434]*434done to Hogeboom. He had no right to arrest the body of Tracer; and having no right to do so, he cannot found any action on the neglect to execute his writ.

Judgment reversed.

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Bluebook (online)

11 Johns. 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-hogeboom-nysupct-1814.

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