It was held in Gurney v. Tufts, 37 Maine, 130, that a magistrate’s warrant оf commitment must show his authority for issuing it, and thаt, if it show the want of such authority, it affords no protection to an оfficer by whom an arrest may havе been made. The warrant in that case was similar to the one undеr which the defendant Weaver hаs attempted to justify.
It is insisted that a distinсtion exists between the aids and sеrvants of the officer, and the оfficer himself, and that, while it is conceded that the latter may be liаble, the former should be exemрted from liability. But such seems not to be regarded as the law. They must both stand or fall together. “Whenever,” remarks Savage, C. J., in Elder v. Morrison,
Exceptions overruled.