Bell v. . Dix
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, dismissing an appeal from an order of Special Term denying motion of defendant to stay all further proceedings in this action.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, dismissing an appeal from an order of Special Term denying motion of defendant to stay all further proceedings in this action. The action is brought to recover damages for the alleged arrest and imprisonment of the plaintiff by the defendant in the year 1864. The defence is that the acts complained of were done during the late rebellion and while the defendant was major-general in the army of the United States and in command of the department of the east, the defendant acting in his official capacity…
1Opinion of the CourtAxlen, J.
The defendant appeals from an order of the General Term of the Supreme Court dismissing an appeal from an order of the Special Term of the same court denying a motion to stay proceedings in the action in the State courts. The action is for false imprisonment, alleged to have been committed by the defendant in 1864. The defendant justifies the arrest and imprisonment of the plaintiff in Fort Ba Fayette at the time stated, and during the continuance of the rebellion as a major-general of volunteers, in the military service of the United States, and claims the benefit of the acts of congress of…
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