Henderson v. Jackson
The Superior Court of New York City
Appeal from an order made at Special Term, by Mr. Justice Freedman, overruling a demurrer to the complaint. The complaint alleged that “ the defendant, on or about the 14th day of August, 1869, by himself and bis servants and agents, arrested and imprisoned the plaintiff against her will, and put her in charge of a police officer, and forced and obliged her to go along the public streets of the city of New York to a certain station-house, and charged her with the crime of…
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Appeal from an order made at Special Term, by Mr. Justice Freedman, overruling a demurrer to the complaint. The complaint alleged that “ the defendant, on or about the 14th day of August, 1869, by himself and bis servants and agents, arrested and imprisoned the plaintiff against her will, and put her in charge of a police officer, and forced and obliged her to go along the public streets of the city of New York to a certain station-house, and charged her with the crime of petit larceny, and, without any warrant or legal process, caused her to he detained in a vile and filthy cell, without any…
1DissentMcCunn, J.
These appeals are from orders at Special Term, overruling demurrers to the complaints for misjoinder of causes of action. The several causes of action are confounded in a single count; but this irregularity the defendant waives, and the precise point presented for consideration is, that the complaints embrace causes of action which are not properly united under the provisions of the Code.
Indisputably the complaints do exhibit two causes of action, viz.: a cause of action for false imprisonment; and a cause of action for malicious prosecution. The injuries alleged are “ such false and illegal…
2Cases cited5 opinions
- Cushing v. Owners of the Ship John FraserSupreme Court of the United States · 1859
- Brown v. ChadseyNew York Supreme Court · 1863
- Anderson v. HillNew York Supreme Court · 1869
- Barhyte v. HughesNew York Supreme Court · 1861
- Flynn v. BaileyNew York Supreme Court · 1867