Kraft v. de Verneuil
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Kraft, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 10th day of March, 1905, upon the decision of the court, rendered after a trial at the Erie Special Term, sustaining the defendant’s demurrer to the plaintiff’s complaint, and also from an order entered in said clerk’s office on the 10th day of March, 1905, sustaining the said demurrer.
1Opinion of the Court
Kruse, J.:
The plaintiff seeks to recover the sum of fifty dollars, being the amount of a fine paid by the plaintiff and imposed by the defendant, a justice of the peace, upon a trial and conviction of the plaintiff' for the crime of assault in the third degree. ' The trial and conviction were had on the 23d day of October, 1904, which was' Sunday. The plaintiff was sentenced to pay the fine or be imprisoned until the fine was paid, and it is alleged in the complaint that he was-compelled. to and did pay the fine to the defendant fearing said imprisonment. The plaintiff contends, not only that…
2Cases cited4 opinions
- Lange v. . BenedictNew York Court of Appeals · 1878
- Austin v. . VroomanNew York Court of Appeals · 1891
- People ex rel. Price v. WardenAppellate Division of the Supreme Court of the State of New York · 1902
- Clark v. HoldridgeNew York Supreme Court · 1870
3Cited by3 opinions
- Seneca v. ColvinAppellate Division of the Supreme Court of the State of New York · 1917
- Bowman v. SeamanAppellate Division of the Supreme Court of the State of New York · 1912
- Bienenstock v. McCoyNew York Supreme Court · 1949