Smith v. Bell & Fyfe Foundry Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, the Bell and Fyfe Foundry Company, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of said county on the 22d day of November, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the-29th day of November, 1907, denying the defendant’s motion for a new trial made upon the minute's.
1Opinion of the Court
Rich, J.:
The action is brought to recover damages for false imprisonment, and the main question presented for our consideration is whether there are sufficient facts stated in the information or deposition upon which the warrant issued to. give jurisdiction to the magistrate issuing it, for if, even in a slight degree, it ■ presented a question upon which the judicial mind was called to act in determining whether a crime had been committed by the person charged, the magistrate had jurisdiction, the warrant Was valid and an action for false imprisonment could not be maintained either against…
2Cases cited3 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Swart v. . RickardNew York Court of Appeals · 1896
- Gilbert v. SatterleeAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Gearity v. StrasbourgerAppellate Division of the Supreme Court of the State of New York · 1909
- Kischel v. FlamikAppellate Division of the Supreme Court of the State of New York · 1940
- Vitterio v. St. Regis Paper Co.Appellate Division of the Supreme Court of the State of New York · 1922