 It should also be observed, that if ' one has a legal and illegal warrant, and arrests by virtue of the illegal warrant, yet he may justify by virtue of the legal one ; for it is not what he declares, but the authority which he has is his justification,...  Cases in the Exchequer - Page 313by EDWARD YOUNGE, JOHN JERVIS - 1829Full view - About this book
 | Charles Viner - Law - 1793 - 682 pages
...has a legal and an illegal warrant, and arrefts by virtue of the illegal warrant, yet he may juftify by virtue of the legal one ; for it is not what he declares, but the authority which he has, is his juftification ; per Holt Ch- J. 12 Mod. 387. Pafch. 12 W. 3. BR in the cafe of Dr. Greenville v. College... | |
 | Great Britain. Courts - Law reports, digests, etc - 1796 - 840 pages
...gal and illegal illegal warrant, yet he may juftify by virtue of the legal one ; for wa"»nt, »n<J it is not what he declares, but the authority which he has is his ?.frefts Ь)Г ^е juftification. I fuppofe the plaintiff means by this replication, may juftuy ь/*... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1818 - 636 pages
...Justice, in which Holt, Chief Justice, said, " Suppose one has a legal and illegal warrant, and arrests by virtue of the illegal warrant, yet he may justify...for it is not what he declares, but the authority he has." In this case the verdict finds, that the spenrs were placed to kill foxes as well as dogs,... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1828 - 810 pages
...replication was held ill : and Holt CJ said, " Suppose one has a legal and an illegal warrant, and arrests by virtue of the illegal warrant, yet he may justify by virtue of the legal one ; (a) 5 Maddox, Ij (i) U Mod. 386. 182,3. LUCAS •u. NOCKELLS. for it is not what he declares, but... | |
 | Great Britain. Court of Exchequer, Edward Younge, Sir John Jervis - Law reports, digests, etc - 1829 - 682 pages
...Groenvelt \. The College of Physicians (b), it is laid down by Holt, CJ, that, if a man have a legal and illegal warrant, and arrest by virtue of the illegal...what he declares, but the authority which he has, that is his justification. So, the avowry need not be for the same thing for which the taking was ;... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1834 - 652 pages
...in giving the judgment of the Court, " Suppose one has a legal and an illegal warrant, and arrests by virtue of the illegal warrant, yet he may justify by virtue of the legal one ; for it is not by what he declares, (a) 3 Rep. 16 a. but but the authority he has is his justification." And then... | |
 | Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1835 - 680 pages
...Holt, in giving judgment of the Court, " Supppose one has a legal and an illegal " warrant, and arrests by virtue of the illegal warrant, " yet he may justify by virtue of the legal one, for it is " not by what he declares, but the authority he has is " his justification." And then he goes on, what I... | |
 | Great Britain. Parliament. House of Lords, Richard Bligh - Law reports, digests, etc - 1835 - 504 pages
...the time of the arrest, he was " arrested by it." So in the same case, 12 Mod. 386, Lord Holt says, " it is not what he declares, " but the authority which he has which is his justi" fication," and in Comyns' Report, 78, SC In Crowther v. Ramsbottom, 3 TR 657, Lord... | |
 | Great Britain. Bail Court - Civil procedure - 1838 - 876 pages
...warrant, and arrests by virtue of the illegal warrant, yet he may justify by reason of the legal warrant, for it is not what he declares, but the authority which he has, that is his justification ;" and accordingly, in that case it was held that " it was not material to... | |
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