Otto v. Levy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO'Malley, J.
Has a United States district judge, sitting in a civil suit in admiralty, the power to issue a body attachment to compel the attendance of a witness on whom no subpoena had theretofore been served? If not, is the attorney or proctor at whose request and suggestion the body attachment issued, hable in damages for malicious prosecution or false imprisonment? And if so, are the parties in the admiralty action who were represented by the attorney likewise háble? These are the questions presented.
The complaint was dismissed at the close of plaintiff's case as to the attorney, and at the close of…
2Cases cited12 opinions
- Barry v. United States Ex Rel. CunninghamSupreme Court of the United States · 1929
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Vernes v. PhillipsNew York Court of Appeals · 1935
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3Cited by10 opinions
- Bossin v. TowberCourt of Appeals of Texas · 1995
- Watson v. City of New YorkCivil Court of the City of New York · 1968
- Racoosin v. Le Schack & Grodensky, P. C.New York Supreme Court · 1980
- Nossek v. A. H. Todd & SonNew York Supreme Court · 1936
- Chavez v. Nevell Mgmt. Co.Civil Court of the City of New York · 1972
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