Hewitt v. . Newburger
New York Court of Appeals
Appeal from judgment of -the General Term of the Supreme Court in the third judicial department, entered upon an order made Hovember 22, 1892, which affirmed a judgment in favor of defendant • entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The process was without authority of law.
Read the full summary
Appeal from judgment of -the General Term of the Supreme Court in the third judicial department, entered upon an order made Hovember 22, 1892, which affirmed a judgment in favor of defendant • entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The process was without authority of law. The information did not allege any fact tending to prove a crime or a threat to commit a crime. (Loomis v. Render, 41 Hun, 268 ; Code Crim. Pro. §§ 84, 86, 99 ; Penal Code, §§ 639, 653, 654; People v. Hart, 24…
1Opinion of the CourtBartlett, J.
This is an appeal from a judgment of the general term of the Supreme Court, third department, affirming a judgment rendered at the Montgomery County Circuit dismissing the complaint. This action is to recover damages for an alleged false imprisonment. The plaintiff was arrested in the city of Amsterdam by virtue of a warrant issued upon an information sworn to by the defendant. The information alleged that “one Daniel Hewitt did threaten to commit the crime of injuring property belonging to the City Mills, a corporation in said city of Amsterdam, in that he threatened to tear down a wall now…
2Cases cited2 opinions
- People v. . StevensNew York Court of Appeals · 1888
- Curry v. PringleNew York Supreme Court · 1814
3Cited by33 opinions
- Weyant v. OkstCourt of Appeals for the Second Circuit · 1996
- Weyant v. OkstCourt of Appeals for the Second Circuit · 1996
- People Ex Rel. Perkins v. . MossNew York Court of Appeals · 1907
- People Ex Rel. Allen v. . HaganNew York Court of Appeals · 1902
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
28 more not listed; retrieve them via the Exa API.