Legal Opinion

De Lease v. Nolan

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1918PublishedCited by 10 opinions

Appeal by the defendant, Edward P. Nolan, from a judgment of the County Court of Ulster county, entered in the office of the clerk of said county on the 18th day of April, 1917, upon the verdict of a jury for $250, and also from an order entered in said clerk’s office on the 23d day of April, 1917, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Lyon, J.:

The action is brought to recover damages for assault and battery. Plaintiff was a resident of Bailey Gap school district in the town of Marlborough, in the county of Ulster, N. Y. She was the mother of Edward De Lease, who was twelve years of age at the time of his arrest. The defendant was a school attendance officer of said district. His authority for arresting the boy and taking him to school was found in section 633 of the Education Law of this State, which provided that an attendance officer may arrest without a warrant a child between seven and sixteen years of age who *83is a…

2Cases cited1 opinion

  1. Reynolds v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by10 opinions

  1. In Re Interest of KSNebraska Supreme Court · 1984
  2. Webster v. RyanNew York City Family Court · 2001
  3. In re SkipwithNew York Family Court · 1958
  4. In Interest of CSNorth Dakota Supreme Court · 1986
  5. Stein v. BrownNew York Supreme Court · 1925

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