Morris v. Corson
New York Supreme Court
On error to the 0. P. of the city and county of New York. Corson declared against Morris, in that court, in ease; *for that the latter maliciously, and without probable cause, preferred a complaint against the former for felony, whereon he was arrested. That a bill of indictment was exhibited to the grand jury, who returned it not a true bill. That thereupon the plaintiff was acquitted, and the prosecution ended.
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On error to the 0. P. of the city and county of New York. Corson declared against Morris, in that court, in ease; *for that the latter maliciously, and without probable cause, preferred a complaint against the former for felony, whereon he was arrested. That a bill of indictment was exhibited to the grand jury, who returned it not a true bill. That thereupon the plaintiff was acquitted, and the prosecution ended. Plea: that the charges made against the plaintiff, of his having committed felony, were true. Replication : de injur a sua propria, &c. At the trial, the plaintiff gave in evidence…
1Opinion of the Court
Curia, per Woodworth, J.
Without inquring whether the fact, that the plaintiff below died before verdict, is regularly before us, on the bill of exceptions, I am satisfied it cannot be alleged" for error. This question is disposed of by the act, (1 R. L. 144, sec. 5.) “ The death of either party between verdict and judgment in any action, shall not be alleged for error.” At the common law, it was otherwise; the remedy is not confined to cases where the cause of action survives, but is general. It therefore applies to the present case. I am not aware of any authority that has given a…
2Cited by6 opinions
- Wheeler v. NesbittSupreme Court of the United States · 1861
- Price v. MorrisSupreme Court of Arkansas · 1916
- Tallant v. Burlington Gas-light Co.Supreme Court of Iowa · 1873
- Moulton v. BeecherNew York Supreme Court · 1876
- Chapman v. EcklerAppellate Division of the Supreme Court of the State of New York · 1929
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