Dresser v. Van Pelt
The Superior Court of New York City
Present, Duer, Ch. J., Bosworth, Hoffman, Slosson and Woodruff, Justices. Appeal from an order at special term overruling a demurrer to an answer. The action was for an illegal arrest and false imprisonment, caused by the defendants.
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Present, Duer, Ch. J., Bosworth, Hoffman, Slosson and Woodruff, Justices. Appeal from an order at special term overruling a demurrer to an answer. The action was for an illegal arrest and false imprisonment, caused by the defendants. The defendants justify themselves upon the ground of orders and process issued out of the supreme court, in an action in which the defendant Wicker was plaintiff, and the present plaintiff, defendant; that judgment had been recovered against the present plaintiff, and an order obtained for his examination under § 292 of the Code ; and that various orders and…
1Opinion of the Court
By the court—Hoffman, Justice.
The first question raised, is as to the effect of the insertion of the clause in the order of Justice Davies, of the 17th of September, 1856, requiring the defendant to appear before him, or one of the other justices of the said supreme court.
The defendant (the present plaintiff) appeared before Justice Davies, on the return day, and an order of reference was made by the judge. No objection was then made to this alleged irregularity.
Assuming that it was an irregularity, and the insertion of the clause was not warranted by the 292d section of the Code, it appears…
2Cases cited1 opinion
- Parke v. Heath & M'CotterNew York Supreme Court · 1836
3Cited by7 opinions
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Ammidon v. WolcottNew York Supreme Court · 1860
- Townsend v. NebenzahlNew York Supreme Court · 1879
- Albrecht v. CanfieldNew York Supreme Court · 1895
- Hilton v. PattersonNew York Supreme Court · 1864
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