43 N.J.L. 667 | N.J. | 1881
The opinion of the court was delivered by
The subject presented for consideration is whether Loftus, the plaintiff in error, is liable to respond in damages to Fraz, the defendant in error, for the imprisonment of the latter under a warrant and execution against the body, respectively issued by the former as a justice of the peace in the court for the trial of small causes in an action for debt. The facts are as follows: One Lang presented to Loftus'an affidavit, in which he swore that Fraz owed him a debt on contract, the character and amount of which he specified, and that Fraz had made a certain promise of payment, which he had only partially performed, and that he “falsely and fraudulently deceived the defendant, and falsely and fraudulently contracted the debt and incurred the obligation respecting which the suit was brought.” On that affidavit he demanded a warrant, and the justice thereupon made an order, in which, after stating that the affidavit was proof to his satisfaction that Fraz was indebted to Lang, and
The section just referred to provides that upon proof of the requisites to authorize the issuing of a warrant, the justice shall make and subscribe an order that a warrant issue against the defendant for such amount as such proof shall justify and require; and that before the warrant shall issue, the order and affidavit or affidavits upon which the order is founded, shall be filed by the justice. The order for the warrant in this case did not indeed state the amount for which the warrant was to be issued, but the contemporaneous order
For affirmance—None.
For reversal—The Chancellor, Chief Justice, Depue, Knapp, Mag-ie, Parker, Reed, Scudder, Yan Syckel, Clement, Cole, Dodd, Green—13.