Legal Opinion

Davern v. . Breen

New York Court of Appeals

Decided March 26, 1915PublishedCited by 10 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1913, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a verdict in an action to recover for the plaintiff’s wrongful and unlawful arrest at the instigation of the defendant Drew, by police officers purporting to act under the authority of a warrant from the governor of New York state, calling for the arrest of the…

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1913, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a verdict in an action to recover for the plaintiff’s wrongful and unlawful arrest at the instigation of the defendant Drew, by police officers purporting to act under the authority of a warrant from the governor of New York state, calling for the arrest of the plaintiff’s brother, and for his improper arraignment before and commitment by a city magistrate.

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan and Seabury, JJ. Not sitting: Miller, J.

2Cited by10 opinions

  1. Stearns v. New York City Transit AuthorityNew York Supreme Court · 1960
  2. Hendrix v. Manhattan Beach Development Co. & MarshallAppellate Division of the Supreme Court of the State of New York · 1917
  3. Bass v. StateNew York Court of Claims · 1949
  4. Davis v. CarrollAppellate Division of the Supreme Court of the State of New York · 1916
  5. Grago v. VasselloNew York Supreme Court · 1940

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