Hall v. Kehoe
New York Supreme Court
Appeal from circuit court,' Oswego county. • Action by John W. Hall against William Kehoe, for malicious prosecution. Plaintiff was arrested on the complaint of the.defendant, made to the recorder of the city of Oswego, and accused of willfully cutting timber upon lands in the town of Scriba, thereby violating section 640 of the Penal Code.
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Appeal from circuit court,' Oswego county. • Action by John W. Hall against William Kehoe, for malicious prosecution. Plaintiff was arrested on the complaint of the.defendant, made to the recorder of the city of Oswego, and accused of willfully cutting timber upon lands in the town of Scriba, thereby violating section 640 of the Penal Code. The criminal proceedings were dismissed on the 27th of March, by the recorder, and thereafter this action was brought; and upon the trial much evidence was given in relation to the ownership of the premises whereon the timber was alleged to have been cut.…
1Opinion of the CourtHardin, P. J.
We think the evidence given upon the trial was entirely sufficient to show that the criminal proceeding was ended and dismissed before the recorder. The defendant appeared before a magistrate, and obtained a warrant returnable before the recorder, and defendant appeared as complainant. He was sworn for the people. The warrant was returnable on the 5th of March, 1886, and the charge against the party accused was read, and the proceedings adjourned to the 6th of March, by “a sort of an agreement *177between the parties.” On the 6th of March the complainant was sworn and presented a deed, and it was…
2Cases cited2 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Shafer v. LoucksNew York Supreme Court · 1870