Wallsworth v. M'Cullough

10 Johns. 93

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.