Fischer v. . Langbein
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made August Y, 1883, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial. This was an action for false imprisonment.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made August Y, 1883, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial. This was an action for false imprisonment. Defendants were attorneys for the defendants in the action and proceedings hereinafter described, and the alleged cause of action was based upon their participation as such attorneys in said proceedings. Plaintiff was a member of an unincorporated association and commenced an action against the individual…
1Opinion of the Court
Ruger, Ch. J.
It cannot be disputed but that an attorney who causes void or irregular process to be issued in an action, which occasions loss or injury to a party against whom it is enforced, is liable for the damages thereby occasioned. In the case of void process the liability attaches when the wrong is committed and no preliminary proceeding is necessary to vacate or set it aside, as a condition to the maintenance of an action. Process, however, that a court has general jurisdiction to award, but which is irregular by reason of the non-performance by the party procuring it, of some…
2Cases cited7 opinions
- Day v. . BachNew York Court of Appeals · 1881
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rutherford v. . HolmesNew York Court of Appeals · 1876
- Miller v. . AdamsNew York Court of Appeals · 1873
- Landt v. HiltsNew York Supreme Court · 1855
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3Cited by77 opinions
- Vernes v. PhillipsNew York Court of Appeals · 1935
- Langen v. BorkowskiWisconsin Supreme Court · 1925
- Wachsmuth v. Merchants' National BankMichigan Supreme Court · 1893
- Ex parte RobertsonCourt of Appeals of Texas · 1889
- Palmieri v. BiggianiAppellate Division of the Supreme Court of the State of New York · 2013
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