Strang v. Whitehead
New York Supreme Court
Error from the New-York common pleas. Whitehead sued Strang and Manning for false imprisonment, in arresting and holding him to bail in a suit prosecuted in the circuit court of the United States, in which the court had not jurisdiction.
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Error from the New-York common pleas. Whitehead sued Strang and Manning for false imprisonment, in arresting and holding him to bail in a suit prosecuted in the circuit court of the United States, in which the court had not jurisdiction. On the trial of the action for false imprisonment, the attorney of Whitehead, in the suit in the circuit court, testified that he acted as the attorney and counsel of Whitehead, and that he considered his services upon that occasion as worth $130. This testimony was objected to, because no special damage was alleged in the declaration ; but the objection was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The expenses incurred by Whitehead, consequent upon his arrest, were not stated in the declaration; and as it cannot be said that they were the legal and natural consequence of the arrest, the judge erred in receiving the testimony objected to. It is wrong to permit any evidence to be given to a jury but such as may properly influence their verdict. The admission of that objected to in this case was an infringement of this rule. The judgment must be reversed.
Judgment reversed, and venire de novo.
2Cited by9 opinions
- Worden v. . DavisNew York Court of Appeals · 1909
- Albert v. Bleecker StreetNew York Court of Common Pleas · 1868
- Bedell v. PowellNew York Supreme Court · 1852
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
- Linitzky v. GormanCity of New York Municipal Court · 1914
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