Landt v. Hilts
New York Supreme Court
MOTION for a new trial, on a bill of exceptions. The action was brought for an assault and battery and false imprisonment. The defendants justified under an order made by the county judge of Herkimer county, on the 10th of October, 1851, for the arrest of the plaintiff Landt, under the non-imprisonment act.
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MOTION for a new trial, on a bill of exceptions. The action was brought for an assault and battery and false imprisonment. The defendants justified under an order made by the county judge of Herkimer county, on the 10th of October, 1851, for the arrest of the plaintiff Landt, under the non-imprisonment act. It appeared from the pleadings and proofs, that on the said 10th of October, 1851, the defendant George I. Hilts, being about to commence an action in the supreme court, against Landt, to recover damages for the wrongful conversion by him of a large quantity of cheese, the property of the…
1Opinion of the Court
By the Court,
Johnson, P. J.
I am clearly of opinion that the plaintiff should have been nonsuited, upon the trial. The imprisonment complained of was upon an order of the countj judg.’.of Herkimer county, requiring the sheriff to arrest the plaintiff and hold him to bail. The order was made upon appli*289cation and affidavit, presented to the judge in a case in which he had jurisdiction to grant an order of that description.
It is contended by the plaintiff’s counsel that the affidavit presented to the county judge showed no cause whatever for granting the order of arrest. It may be conceded that…
2Cases cited1 opinion
- Weaver v. DevendorfNew York Supreme Court · 1846
3Cited by22 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Emmerich v. ThorleyAppellate Division of the Supreme Court of the State of New York · 1898
- Tavenner v. MoreheadWest Virginia Supreme Court · 1895
- Cunningham v. East River Electric Light Co.The Superior Court of the City of New York and Buffalo · 1892
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