Harman v. Brotherson
Court for the Trial of Impeachments and Correction of Errors
Error to the Schenectady O. P. Brotherson sued Harman and Harman in the court below, and declared for trespass azid false imprisonment, and the case was this : The plaintiff was arrested and held to bail in the sum of $100 on a capias ad respondendum issued out of this court at the suit of one Dexter. The ac etiam clause in the writ was in case for negligence in using the personal property of the plaintiff.
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Error to the Schenectady O. P. Brotherson sued Harman and Harman in the court below, and declared for trespass azid false imprisonment, and the case was this : The plaintiff was arrested and held to bail in the sum of $100 on a capias ad respondendum issued out of this court at the suit of one Dexter. The ac etiam clause in the writ was in case for negligence in using the personal property of the plaintiff. The defendant Thomas W. Harman Arms the attorney Avho issued the capias. The defendant Joshua D. Harman Avas recorder of the city of Schenectady, counsellor, &c. He made an order to hold…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Although Dexter swears positively at the outset that “he has a good cause of action” against Brotherson, it is highly probable from what follows that he was only able to speak of the alleged negligence, which was *540the gist of the action, upon hearsay; and “ information and belief” as to the most material part of the case are not enough in an affidavit to hold to bail. If Brotherson had moved the court, the order to hold to bail would have been revoked. But it is a very different question whether the officer who made the order can be treated as a trespasser. It was…
2Cases cited2 opinions
- Tompkins v. SandsNew York Supreme Court · 1832
- Stewart v. HawleyNew York Supreme Court · 1839
3Cited by36 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Linder v. FosterSupreme Court of Minnesota · 1940
- Austin v. . VroomanNew York Court of Appeals · 1891
- Miller v. . AdamsNew York Court of Appeals · 1873
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