Clark v. Cleveland
New York Supreme Court
Case for malicious prosecution, tried at the Senéea circuit in. May, 1842, before Moseley, C. Judge. The alleged prosecution was in the form of a criminal complaint made by the defendant before Joseph Dunlap, a justice of the peace of Seneca county, and the declaration averred, among other things, that the defendant “ deserted and abandoned the complaint and prosecution, and that the same are wholly ended and determined.”
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Case for malicious prosecution, tried at the Senéea circuit in. May, 1842, before Moseley, C. Judge. The alleged prosecution was in the form of a criminal complaint made by the defendant before Joseph Dunlap, a justice of the peace of Seneca county, and the declaration averred, among other things, that the defendant “ deserted and abandoned the complaint and prosecution, and that the same are wholly ended and determined.” The complaint was as follows: “ Seneca county, ss.—Newcomb Cleveland being duly sworn deposeth and saith, that on &c., at the town of Ovid in said county, John B. Clark [the…
1Opinion of the Court
By the Court, Cowen, J.
The arrest was by virtue of an endorsed warrant for obtaining money by false pretences; which may be punished by imprisonment in the state prison or in a county jail, or by fine, or’ both. (2 R. S. 564, § 53, 2d ed.) Being punishable by imprisonment in the state prison, it follows that the prisoner should have been carried back to the magistrate who issued the warrant, or into his county, there to undergo an examination, and be committed, bailed or discharged. (2 R. S. 591 to 593, 2d ed.) There was no power to take bail in the county of Cortland, and the case is the…
2Cases cited4 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- Secor v. BabcockNew York Supreme Court · 1807
- Maddox v. JacksonSupreme Court of Virginia · 1815
- Arnold v. Steeves & FrostNew York Supreme Court · 1833