Exner v. Exner
New York Supreme Court
Motion to make complaint more definite and certain, and to strike ont irrelevant matter. Augusta Exner, the plaintiff, brought an action for $5,000 damages, against Julia Exner, Christian L. Schwartz, Walter Thorn, and Williahi Stratton, for false imprisonment. The complaint alleged: “First.
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Motion to make complaint more definite and certain, and to strike ont irrelevant matter. Augusta Exner, the plaintiff, brought an action for $5,000 damages, against Julia Exner, Christian L. Schwartz, Walter Thorn, and Williahi Stratton, for false imprisonment. The complaint alleged: “First. That on or about April 21, 1875, the above-named defendants, Julia Ex-ner and Christian L. Schwartz, wickedly and maliciously conspiring, contriving and intending to injure this plaintiff, and to deprive her of her liberty, did instigate and employ the defendants, Walter Thorn and William Stratton, to…
1Opinion of the CourtLawrence, J.
The first paragraph in the complaint I do not regard as irrelevant, nor does the complaint seem to me to be subject to the objections taken to the complaints in Eddy v. Beach (7 Abb. Pr. 18), and Shaw v. Jayne (4 How. Pr. 119). In those cases the pleader had set forth at great length the evidence by which he intended to substantiate the fact of his illegal imprisonment by the defendants, or through their instigation. Here there is a charge of a conspiracy on the part of two of the defendants to imprison the plaintiff, and that, in pursuance of such conspiracy, the other two defendants were…
2Cases cited1 opinion
- Shaw v. JayneNew York Supreme Court · 1849