Eighmy v. Poucher
U.S. Circuit Court for the District of Northern New York
This was an action by John W. Eighmy to recover damages from William A. Poncher for malicious prosecution. The cause was removed from the supreme court of New York to the United States circuit court, and plaintiff moves to remand.
1Opinion of the Court
COXE, District Judge.
The defendant, while acting as United States district attorney for this district, caused the plaintiff to be indicted, arrested and tried for an alleged violation of the pension laws. At the trial the court directed a verdict of acquittal. This action is for malicious prosecution based upon the foregoing facts. It was *856brought originally in the supreme court of the state, and was removed by the defendant to this court upon the ground that he was a United States official acting under the constitution and laws of the United States. The plaintiff now moves to remand.
The…
2Cases cited4 opinions
- In Re NeagleSupreme Court of the United States · 1890
- Tennessee v. DavisSupreme Court of the United States · 1880
- Walker v. CollinsSupreme Court of the United States · 1897
- Houser v. ClaytonU.S. Circuit Court for the District of Eastern Texas · 1878
3Cited by11 opinions
- Gay v. RuffSupreme Court of the United States · 1934
- Thompson v. Standard Oil Co. of New JerseyCourt of Appeals for the Fourth Circuit · 1933
- Bryant Bros. v. RobinsonCourt of Appeals for the Fifth Circuit · 1906
- Voors v. National Women's Health Organization, Inc.District Court, N.D. Indiana · 1985
- Nationwide Charters & Conventions, Inc. v. GarberDistrict Court, D. Massachusetts · 1966
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