Rivenburgh v. Henness
New York Supreme Court
This action was tried at the circuit and the plaintiff had a verdict. An order was made that the case and exceptions he heard in the first instance at the General Term and proceedings meantime to be stayed. The case now comes on to be heard on motion for a new trial upon a case and exceptions.
1Opinion of the Court
By the Court
Learned, J.
This is an action for false imprisonment, in committing plaintiff to jail in bastardy pirn ceedings. Specherman, as overseer of the poor, commenced and conducted the proceedings before defendant, Henness, a justice of the peace, who was his son-in-law, and whose wife was then living. Henness under the statute associated with himself Rossman, the other defendant, another justice of the peace. The plaintiff claims that this affinity between Specherman and Henness made the proceedings void, and,the court so held at circuit.
The statute (2 R. S., m. p. 275, § 2) declares…
2Cases cited9 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Edwards v. RussellNew York Supreme Court · 1839
- The People v. . WheelerNew York Court of Appeals · 1860
- Converse v. McArthurNew York Supreme Court · 1854
- Hicks v. FosterNew York Supreme Court · 1853
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3Cited by3 opinions
- In Re the Appointment of a Receiver of the Late Dodge & Stevenson Manufacturing Co.New York Court of Appeals · 1879
- People v. ConnorNew York Supreme Court · 1892
- Mayham v. AllenNew York Supreme Court · 1888