Wallsworth v. M'Cullough

New York Supreme Court

Wallsworth v. M'Cullough

10 Johns. 93

CourtNew York Supreme Court

DecidedJanuary 15, 1813

StatusPublished

Cited by4 cases

This text of 10 Johns. 93 (Wallsworth v. M'Cullough) 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

Wallsworth v. M'Cullough, 10 Johns. 93 (N.Y. Super. Ct. 1813).

Pincite

Opinion

Per Curiam.

The warrant issued without authority, because it was not issued upon the complaint of the overseers of the poor, or either of them. The justice, acting ministerially in this case, was responsible for issuing the warrant, without the application required by the statute. The subsequent consent of one of the overseers, that the proceedings might go on, would not deprive the plaintiff of his action for the previous arrest upon a warrant irregularly issued.

Judgment for the plaintiff.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The warrant issued without authority, because it was not issued upon the complaint of the overseers of the poor, or either of them. The justice, acting ministerially in this case, was responsible for issuing the warrant, without the application required by the statute. The subsequent consent of one of the overseers, that the proceedings might go on, would not deprive the plaintiff of his action for the previous arrest upon a warrant irregularly issued.

Judgment for the plaintiff.

Cite This Page — Counsel Stack

Bluebook (online)

10 Johns. 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallsworth-v-mcullough-nysupct-1813.

Opinion

Related

Cite This Page — Counsel Stack