Legal Opinion

Stearns v. . Titus

New York Court of Appeals

Decided October 23, 1908PublishedCited by 18 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the-first judicial department, entered June 25,1907, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The charge of the court is so full of errors that the judgment based upon it must be reversed. (Meeker v. Meeker, 84 App.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the-first judicial department, entered June 25,1907, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The charge of the court is so full of errors that the judgment based upon it must be reversed. (Meeker v. Meeker, 84 App. Div. 111; Patterson v. Rathjins, 11 N. Y. Supp. 322; Cushing v. M. S. Ry. Co., 92 App. Div. 510; Snead v. Bonnell, 49 App. Div. 330.) Sayles was never…

1Opinion of the Court

Cullen, Ch. J.

This action was brought to recover damages for an assault and false imprisonment. The plaintiff is a lawyer; the respondents Oppenheim and Grabe police officers, and the respondent Titus a captain of police. On the occasion of the assault complained of, one Sayles, a client of the plaintiff, was in the latter’s office when Oppenheim and Grabe entered therein and arrested Sayles upon a charge of grand larceny. Eo warrant had been issued for his arrest. Upon his arrest Sayles handed the plaintiff a paper, saying, “ here you take this, it is my defense.” The officers demanded of…

2Cited by18 opinions

  1. State v. MobleySupreme Court of North Carolina · 1954
  2. Sims v. SmithSupreme Court of Connecticut · 1932
  3. People v. EspositoNew York Court of Special Session · 1922
  4. People v. PerryCalifornia Court of Appeal · 1947
  5. People v. Park, New York County Courts1915

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