Burt v. Place
New York Supreme Court
This was an action on the case for malicious prosecution, tried at the Oswego circuit in June, 1828, before the Hon. Nathan Williams, one of the circuit judges. The declaration contains seven counts.
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This was an action on the case for malicious prosecution, tried at the Oswego circuit in June, 1828, before the Hon. Nathan Williams, one of the circuit judges. The declaration contains seven counts. In the first it is s*atec* that on the 1st July, 1826, the defendant not having any reasonable or probable cause of action against the plain-hut contriving and intending to imprison, harrass, oppress and injure the plaintiff, falsely and maliciously sued out a warrant under the $50 act, in his favor, against the plaintiff, on which the plaintiff was arrested, carried before a justice of Oswego…
1Opinion of the Court
By the Court,
Marcy, J.
In the examination of the plaintiff’s witnesses and their cross examination by the defendant, allusions had been made to, and something said about a trial and the matters involved therein which had previously taken place between these parties at a circuit court in Oneida county. When the record and postea in that suit were called for to ascertain what was the issue therein, the judge considered that so much had already been said by both parties as to that matter, that the production of them had been dispensed with, and that what was in issue might be shewn by parol. The…
2Cases cited1 opinion
- Watson v. DelafieldNew York Supreme Court · 1804
3Cited by55 opinions
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- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Burt v. . SmithNew York Court of Appeals · 1905
- Heck v. HumphreySupreme Court of the United States · 1994
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
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