Legal Opinion
Gardner v. Bain
New York Supreme Court
Decided November 15, 1871PublishedCited by 2 opinions
Appeal by defendant from a judgment rendered for the plaintiff upon the verdict of a jury. The facts are stated in the opinion.
1Opinion of the CourtParker, J.
This action is for false imprisonment and was commenced May 28th, 1866. The defence is justification under legal process. The jury found a verdict of fifty dollars for the plaintiff. The case comes up on appeal by the defendant from the judgment, and from an order denying a new trial.
On the 12th of April, 1866, the defendant and others made complaint in writing under oath to William Wright, a justice of the peace, as follows :
“ Columbia County, ss. : Levi Bain, Hiram Miller, Philo Melius, and' John P. Bain, being duly sworn, say: That Samuel E. Gardner of the said county, and keeper of a…
2Cases cited6 opinions
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Von Latham v. Libby & RowanNew York Supreme Court · 1862
- Landt v. HiltsNew York Supreme Court · 1855
- Rogers v. MullinerNew York Supreme Court · 1831
- Stewart v. HawleyNew York Supreme Court · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nowak v. WallerNew York Supreme Court · 1890
- Vitterio v. St. Regis Paper Co.Appellate Division of the Supreme Court of the State of New York · 1922