McCarg v. . Burr
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 12, 1905, affirming a judgment in favor of plaintiff 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 12, 1905, affirming a judgment in favor of plaintiff 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 justice acting as a Court of Special Sessions had in the first instance exclusive jurisdiction to hear, try and determine the complaint charging that in the town of Mayñeld, íhilton county, N. Y., the plaintiff had been guilty of cruelty to animals. (Code Cr. Pro. §…
1Opinion of the CourtGray, J.
The action was brought to recover damages for false imprisonment. The defendant Avas a justice of the peace of the city of Gloversville and, as such, had issued a warrant for the arrest of the plaintiff , upon a complaint of cruelty to animals, in violation of section 655 of the Peual Code. The depositions, upon which this warrant was issued, showed that the offense had been committed “ within the limits of the town of Mayfield, in the .County of Fulton; ” a town not a portion of, nor adjoining, the city of (Moversville. The warrant directed the plaintiff to be brought before the defendant…
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