Miller v. Milligan
New York Supreme Court
THIS cause comes before this court upon exceptions ordered to be heard at general term in the first instance. It is an action for malicious prosecution. The plaintiff was arrested, indicted, and tried in the district court of the United States, upon a charge of having, on the 23d day of November, 1863, at .Windham, Greene county, induced one Shears to escape from the custody of the defendant, who had him under arrest as a deserter from the United States army.
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THIS cause comes before this court upon exceptions ordered to be heard at general term in the first instance. It is an action for malicious prosecution. The plaintiff was arrested, indicted, and tried in the district court of the United States, upon a charge of having, on the 23d day of November, 1863, at .Windham, Greene county, induced one Shears to escape from the custody of the defendant, who had him under arrest as a deserter from the United States army. The plaintiff was acquitted upon the said trial, and brings this action to recover damages against the defendant upon the ground that…
1Opinion of the CourtIngalls, J.
To maintain this action, the plaintiff was compelled to proye: 1. That the defendant instigated the prosecution against the plaintiff. 2. That such prosecution was without probable cause, 3. That it was accompanied with malice. (Besson v. Southard, 10 N. Y. Rep. 236. McKown v. Hunter, 30 id. 625.)
In support of the first proposition, the plaintiff proved the declaration of the defendant to the witness William Fair-child, who testified as follows : “ I had a conversation with the defendant about Miller’s arrest. I was coming from Poughkeepsie in the cars, and Milligan got into the cars and took…
2Cases cited11 opinions
- McKown v. . HunterNew York Court of Appeals · 1864
- Besson v. . SouthardNew York Court of Appeals · 1851
- Foshay v. FergusonNew York Supreme Court · 1846
- Masten v. DeyoNew York Supreme Court · 1829
- Vanderbilt v. MathisThe Superior Court of New York City · 1856
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3Cited by27 opinions
- Hicks v. BrantleySupreme Court of Georgia · 1897
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Lane v. Pennsylvania RailroadSupreme Court of New Jersey · 1910
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