McMullin v. Erwin
Supreme Court of Vermont
Trespass for false imprisonment. Plea, tbe general issue with notice. Trial by jury at the September Term, 1896, Orleans County, Ross, C. J., presiding. The plaintiff moved to dismiss the notice because it contained no matter of defense not provable under the general issue, and did contain immaterial and prejudicial statements of fact. The motion was overruled and the plaintiff excepted.
Read the full summary
Trespass for false imprisonment. Plea, tbe general issue with notice. Trial by jury at the September Term, 1896, Orleans County, Ross, C. J., presiding. The plaintiff moved to dismiss the notice because it contained no matter of defense not provable under the general issue, and did contain immaterial and prejudicial statements of fact. The motion was overruled and the plaintiff excepted. The plaintiff offered to show that at the justice trial in the original action his counsel notified the defendant that the arrest was illegal and that if he proceeded with the suit he would be sued for false…
1Opinion of the Court
Tyler J.
Action for false imprisonment, plea, general issue and notice. The plaintiff in the court below waived the counts in case and claimed to recover only in trespass. The defendant is an attorney and as such on March 14, 1892, having received a note against the plaintiff for collection, made a capias writ against him, and on March 15th made his affidavit that the plaintiff was about to abscond or remove from this state and filed it with a justice of the peace. The justice then signed and issued the writ which was made returnable May 2, 1892, and was sent by the defendant by mail to a…
2Cases cited1 opinion
- Hunter v. Burtis & EllsworthNew York Supreme Court · 1833
3Cited by8 opinions
- Fadden v. McKinneySupreme Court of Vermont · 1914
- Dorothy A. Fleming v. Evelyn McEnanyCourt of Appeals for the Second Circuit · 1974
- State v. SuiterSupreme Court of Vermont · 1906
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Moore's Admr. v. CrossSupreme Court of Vermont · 1912
3 more not listed; retrieve them via the Exa API.