Marks v. . Townsend
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, entered upon an order made December 21,1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The' warrant, under the Stillwell Act, could not be issued after the plaintiff had resorted to an arrest under the Code.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, entered upon an order made December 21,1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The' warrant, under the Stillwell Act, could not be issued after the plaintiff had resorted to an arrest under the Code. (Wells v. Guerney, 8 Barn. & Cres. 769; Petersdorf on Bail, 131-139; Wheelwright v. Joseph, 5 M. & S. 93; Imlay v. Elleffsen, 3…
1Opinion of the CourtEarl, J.
The complaint alleges two causes of action, to-wit, one for malicious prosecution and another for false imprisonment. As they are both for personal injuries they could be continued in the same complaint. (Code, § 484.) They are consistent with each other, and the one is not destructive of the other, and it has been common practice to unite them. (Doyle v. Russell, 30 Barb. 300; Barr v. Shaw, 10 Hun, 580; Dusenbury v. Keiley, 85 N. Y. 383, 389; Carl v. Ayers, 53 id. 14; Bradner v. Faulkner, 93 id. 515.) But as the objection to the joinder was not taken in the answer or by demurrer, it was in…
2Cases cited8 opinions
- Miller v. . AdamsNew York Court of Appeals · 1873
- McGuinty v. HerrickNew York Supreme Court · 1830
- Dusenbury v. . KeileyNew York Court of Appeals · 1881
- Landt v. HiltsNew York Supreme Court · 1855
- Simpson v. HornbeckNew York Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Maria De Lourdes Torres v. Police Officer JonesNew York Court of Appeals · 2016
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Goldstein v. SiegelAppellate Division of the Supreme Court of the State of New York · 1963
- Fisher and Fisher v. PayneSupreme Court of Florida · 1927
98 more not listed; retrieve them via the Exa API.