Hallock v. . Dominy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of the defendants, entered upon an order nonsuiting plaintiff on trial at Circuit. (Reported below, 7 Hun, 52.) This was an action for false imprisonment.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of the defendants, entered upon an order nonsuiting plaintiff on trial at Circuit. (Reported below, 7 Hun, 52.) This was an action for false imprisonment. The board of supervisors of Suffolk county in November, 1854, claiming to act under the provision of the act, chapter 194, Laws of 1849 (§ 4), authorizing boards of supervisors to make such regulations “ as they may deem necessary and provide for the enforcing the same,” * * “to provide for the protection of shell and…
1Opinion of the CourtAllen, J.
The judge at Circuit in non-suiting the plaintiff, decided, first, that the ordinance or law of the board of supervisors of Suffolk county was within the constitutional limits of the legislative powers conferred upon boards of supervisors ; and, secondly, that the judgment and execution under which the defendants justified the imprisonment of the plaintiff was valid and binding upon the plaintiff.
The justice of the peace had jurisdiction of the subject matter of the action, being for the recovery of a penalty less than two hundred dollars. (Code, § 53.) He had jurisdiction by the personal…
2Cases cited3 opinions
- Miller v. . AdamsNew York Court of Appeals · 1873
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- Beaty v. PerkinsNew York Supreme Court · 1831
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