Henderson v. Jackson
The Superior Court of New York City
Appeal from an order overruling a demurrer. This action was brought by Isabella Henderson, plaintiff and respondent in the present appeal, against Eugene Jackson, defendant and appellant. Another action, brought at the same time by Mary Moneypenny against the same defendant, came before the court at the same time, upon a similar appeal.
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Appeal from an order overruling a demurrer. This action was brought by Isabella Henderson, plaintiff and respondent in the present appeal, against Eugene Jackson, defendant and appellant. Another action, brought at the same time by Mary Moneypenny against the same defendant, came before the court at the same time, upon a similar appeal. The complaint alleged that “the defendant, on or about August 14, 1869, by himself and his servants and agents, arrested and imprisoned the plaintiff against her will, and put her in charge of a police officer, and forced and obliged her to go along the public…
1DissentMcCunn, J.
I must dissent in this case. These appeals are from orders at special term, overruling demurrers to the complaints for misjoinder of causes of action. The several causes of action are confounded in a single count; but this irregularity the defendant waives, and the precise point for consideration is, that the complaints embrace causes of action which are not properly united under the provisions of the Code.
Indisputably the complaints do exhibit two causes of action, viz: a cause of action for false imprisonment, and a cause of action for malicious prosecution. The injuries alleged are, “ such…
2Cases cited10 opinions
- Brown v. ChadseyNew York Supreme Court · 1863
- Anderson v. HillNew York Supreme Court · 1869
- Barhyte v. HughesNew York Supreme Court · 1861
- Bolles v. DuffNew York Supreme Court · 1869
- Flynn v. BaileyNew York Supreme Court · 1867
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