Ray v. Hogeboom

Spencer, J. delivered the opinion of the court. The judgment must be reversed. The constable was not bound to notice the fact, that Tracer was protected from arrest; but if he chooses to notice it, or neglects to take a person privileged from, arrest, and can show that he is so privileged, it is a good defence in an action against him. No wrong or injury has feeesa [434] done to Hogeboom. He had no right to arrest the body of Tracer; and having no right to do so, he cannot found any action on the neglect to execute his writ. Judgment reversed.