60 N.H. 30 | N.H. | 1880
A county commissioner has no authority over insane persons by virtue of his office. The right of personal liberty is subject to some exceptions necessary to the common welfare of society. At common law a private citizen, without warrant, may lawfully seize and detain another in certain cases. It is justifiable to hold a man to restrain him from mischief. It is lawful to interfere in an affray which endangers the lives of the combatants. Other instances are enumerated in Colby v. Jackson,
Verdict set aside.
STANLEY, J., did not sit: the others concurred.