Hall v. Munger
New York Supreme Court
This case came before the court, upon a case made and exceptions ordered to be heard at General Term in the first instance. The action was brought to recover damages for false imprisonment. The defendant justified under an order of arrest granted, in an action pending in the Supreme Court, by a justice thereof.
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This case came before the court, upon a case made and exceptions ordered to be heard at General Term in the first instance. The action was brought to recover damages for false imprisonment. The defendant justified under an order of arrest granted, in an action pending in the Supreme Court, by a justice thereof. It appeared that the defendant was one of the indorsers of a promissory note made by the plaintiff, and, as such, was sued with the plaintiff by the holder, The Flour City ¡National Bank of Rochester. That after the commencement of the action, upon the affidavit, first, of the…
1Opinion of the CourtMullin, P. J.
The defendant delivered to the sheriff the order of arrest and directed him to make the arrest. He thereby became liable to the plaintiff for false imprisonment, if it was illegal. (Judson v. Cook, 11 Barb., 642; Davis v. Newkirk, 5 Den., 92; 1 Wait’s Practice, 809; Brown v. Chadsey, 39 Barb., 253.)
The officer had jurisdiction to make the order and it was regular on its face; the sheriff was therefore protected for making the arrest, and that protection was not impaired by setting aside the order. (Henry v. Lowell, 16 Barb., 268.)
When process is issued by a court or officer without having…
2Cases cited17 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Kerr v. . MountNew York Court of Appeals · 1863
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Davis v. Newkirk, Barker & YatesNew York Supreme Court · 1847
- Brown v. ChadseyNew York Supreme Court · 1863
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3Cited by7 opinions
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- Coleman v. BrownAppellate Division of the Supreme Court of the State of New York · 1908
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- Ayers v. RussellNew York Supreme Court · 1888
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