McKelvey v. Marsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ella B. McKelvey, from an order of the Supreme Court, made at the Richmond Trial Term and entered in the office of the clerk of the county of Richmond on the 28th day of November, 1900, setting aside a verdict of a jury in favor of the plaintiff for $800 and granting a new trial.
1Opinion of the Court
Hibschbekg, tf.:
The plaintiff sues to recover damages for false imprisonment because of her arrest and incarceration, pursuant to a warrant issued by the defendant, a city magistrate of the borough of Richmond, on a charge of ai’son in the first degree. The case was tried at the Richmond Circuit, and resulted in a verdict for the plaintiff, under instructions to the jury that the information upon which the warrant was issued was insufficient to confer jurisdiction. On the motion for a new trial Upon the minutes the learned trial justice concluded that the complaint or deposition was valid;…
2Cases cited4 opinions
- Hewitt v. . NewburgerNew York Court of Appeals · 1894
- Swart v. . RickardNew York Court of Appeals · 1896
- People v. CramerAppellate Division of the Supreme Court of the State of New York · 1897
- Comfort v. FultonNew York Supreme Court · 1861
3Cited by22 opinions
- People v. Knapp, New York County Courts1934
- Shappee v. CurtisAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Brown v. TigheAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Sampson v. DunningAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Travis v. KnottAppellate Division of the Supreme Court of the State of New York · 1923
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