Legal Opinion

Stewart v. Cooley

Supreme Court of Minnesota

Decided February 9, 1877PublishedCited by 21 opinions

This action was brought in the court of common pleas of Hennepin county, against the defendant Cooley, judge of the municipal court of the city of Minneapolis, the defend•ant Davenport, clerk of that court, and others.

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This action was brought in the court of common pleas of Hennepin county, against the defendant Cooley, judge of the municipal court of the city of Minneapolis, the defend•ant Davenport, clerk of that court, and others. In his complaint, the plaintiff, after stating that he is an attorney•nt-law, etc., and has always borne a good reputation, etc., alleges that the defendants, contriving and maliciously Intending to injure him, etc., on October 7, 1875, at the •city of Minneapolis, “wilfully and maliciously conspired •together to cause said plaintiff to be charged with, complained of, and…

1Opinion of the CourtCornell, J.

Eliminating from the complaint the averments “ that defendants, on, etc., at, etc., wilfully and maliciously conspired together to cause the said plaintiff to be charged with, complained of, and arrested and imprisoned for, the crime of perjury, as hereinafter set forth, and that, in pursuance of the said conspiracy,” the thereinafter recited acts were done, we find no difficulty whatever in agreeing with the court below that no cause of action is stated against the defendant Cooley.

*350The reception of .the complaint, the issue of a warrant thereon, the decision upon its sufficiency, and refusal…

2Cases cited8 opinions

  1. Bradley v. FisherSupreme Court of the United States · 1872
  2. Randall v. BrighamSupreme Court of the United States · 1869
  3. Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. Yates v. LansingNew York Supreme Court · 1810
  5. Weaver v. DevendorfNew York Supreme Court · 1846

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
  2. Hoppe v. KlapperichSupreme Court of Minnesota · 1947
  3. Myers Through Myers v. PriceCourt of Appeals of Minnesota · 1990
  4. Linder v. FosterSupreme Court of Minnesota · 1940
  5. Stewart v. CaseSupreme Court of Minnesota · 1893

16 more not listed; retrieve them via the Exa API.

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