Reno v. . Pinder
New York Court of Appeals
Appear from the Supreme Court. Action for malicious prosecution and false imprisonment. The complaint contained two counts. The first was for malicious prosecution, fully detailing the facts and circumstances under which, as it was claimed, the action could be maintained. The second was the usual count for false imprisonment.
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Appear from the Supreme Court. Action for malicious prosecution and false imprisonment. The complaint contained two counts. The first was for malicious prosecution, fully detailing the facts and circumstances under which, as it was claimed, the action could be maintained. The second was the usual count for false imprisonment. On the trial the following facts appeared: The defendant sued the plaintiff before a justice of the peace, by summons, requiring Mm to answer m a civil action the complaint of the defendant, for merchandise on book account, promissory note, labor, services and moneys. On…
1Opinion of the CourtAllen, J.
The principal question presented by the bill of exceptions in this case is, whether the return of the constable of service of the summons was valid within the statute, or that the justice acquired jurisdiction of the person of the defendant.
The statute (2 R. S., 228, § 16) declares that the constable serving a summons shall return thereto in writing the time and manner in which he executed the same, and sign his name thereto.
It is insisted on the part of the plaintiff, that inasmuch as the name of the constable was signed to the return by the justice, by his direction and in his presence, the…
2Cases cited6 opinions
- Rogers v. MullinerNew York Supreme Court · 1831
- Hoose v. SherrillNew York Supreme Court · 1836
- Brown v. CadyNew York Supreme Court · 1838
- Stewart v. SmithNew York Supreme Court · 1837
- Foster v. HazenNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Heatherly v. HadleyOregon Supreme Court · 1869
- In re TilyouAppellate Division of the Supreme Court of the State of New York · 1901
- Bascom v. . SmithNew York Court of Appeals · 1864
- Jackson v. SherwoodNew York Supreme Court · 1868
- Risk v. UffelmanNew York Court of Common Pleas · 1894
5 more not listed; retrieve them via the Exa API.