Loder v. Phelps
New York Supreme Court
ERRORfrom the Monroe commonpleas. Loder sued Phelps in an action of assault and battery and false imprisonment, The declaration contained two counts: in the first the plaintiff charges that the defendant assaulted him, laid hold of him, pulled and dragged him about, and struck him a great many violent blows, and obliged him to go a great distance, to wit, fifteen miles, to a certain place, describing it, and there imprisoned him, without any reasonable excuse or probable…
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ERRORfrom the Monroe commonpleas. Loder sued Phelps in an action of assault and battery and false imprisonment, The declaration contained two counts: in the first the plaintiff charges that the defendant assaulted him, laid hold of him, pulled and dragged him about, and struck him a great many violent blows, and obliged him to go a great distance, to wit, fifteen miles, to a certain place, describing it, and there imprisoned him, without any reasonable excuse or probable cause, for a long space of time, to wit, forty-eight hours, &c. The second count was substantially like the first. The…
1Opinion of the Court
*48 By the court,
Sutherland, J.
The demurrers to the second and third pleas are well taken. Those pleas commence as an answer only to apart of the cause of action, but pray judgment of the action generally ; they are clearly bad on this ground. But if the conclusion had been right, they would still have been bad, on the ground that they contain an ansiver only to a part of the count, 20 Johns. R. 206 ; 2 Wendell, 419 ; 8 id. 617.
The warrant under which the defendant sought to justify the arrest of the plaintiff was applied for and issued under the act, 2 R. S. 228, § 16, sub. 4, which authorizes…
2Cases cited2 opinions
- Cleveland v. RogersNew York Supreme Court · 1831
- Hicok v. CoatesNew York Supreme Court · 1829
3Cited by20 opinions
- Ex parte DimmigCalifornia Supreme Court · 1887
- Ex Parte BlakeCalifornia Supreme Court · 1909
- Broadhead v. McConnellNew York Supreme Court · 1848
- Tuttle v. WilsonIllinois Supreme Court · 1860
- In re BrosnahanU.S. Circuit Court for the District of Western Missouri · 1883
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