Loomis v. Edgerton & Sykes
New York Supreme Court
Demurrer to plea. The plaintiff declared for an assault, battery and false imprisonment. The defendants pleaded separately, after denying the force, &c., and whatever, was against the peace, &c., that Edgerton made a complaint upon oath before a justice of the peace, that the plaintiff had with force and arms, &c., wilfully, wickedly, maliciously, and in a secret manner seized and broken in pieces a cutter, the property of Edgerton; that the justice thereupon issued a…
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Demurrer to plea. The plaintiff declared for an assault, battery and false imprisonment. The defendants pleaded separately, after denying the force, &c., and whatever, was against the peace, &c., that Edgerton made a complaint upon oath before a justice of the peace, that the plaintiff had with force and arms, &c., wilfully, wickedly, maliciously, and in a secret manner seized and broken in pieces a cutter, the property of Edgerton; that the justice thereupon issued a warrant, setting forth the complaint and commanding any constable of the county to apprehend and bring the plaintiff before…
1Opinion of the Court
By the Court,
Cowen, J.
The principle of the case of The People v. Smith, 5 Cowen, 258, and of the cases there cited, is in point, that malicious mischief done to any kind of property is a misdemeanor. The general principle is there laid down, and exemplified by various cases; and must be maintained. In addition to the cases there noticed, par*420ticularly, by Mr. Justice Woodworth, is one cited by Mr. Dollier, the counsel for the prosecution of State v. Council, 1 Overton’s R. 305, which was an indictment under a statute of Tennessee for wilfully and maliciously killing a horse* Kennedy and Powell…
2Cases cited1 opinion
- State v. BriggsSupreme Court of Vermont · 1826
3Cited by12 opinions
- Brand v. HinchmanMichigan Supreme Court · 1888
- Kilpatrick v. PeopleNew York Supreme Court · 1848
- People v. OlsenUtah Supreme Court · 1889
- State v. . ManuelSupreme Court of North Carolina · 1875
- People v. BosworthNew York Supreme Court · 1892
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