Roberts v. . Prosser
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial without a j™y- The nature of the action and the facts appear sufficiently in the opinion. The execution against the body of plaintiff was valid as the cause of action contained in the complaint warranted it.
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Appeal from judgment of the General Term of the Supreme Court affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial without a j™y- The nature of the action and the facts appear sufficiently in the opinion. The execution against the body of plaintiff was valid as the cause of action contained in the complaint warranted it. (Code, § 179, sub. 2, § 288; Wood v. Henry, 40 N. Y., 124; In re Watson, 3 Lans., 415; Smith v. People, 47 N. Y., 336; Stall v. King, 8 How. Pr., 298; Duguid v. Edwards, 50 Barb., 288; Scudder v. Shields, 17 How. Pr., 420; 16 id., 413;…
1Opinion of the CourtRapallo, J.
This is an action for false imprisonment, brought against the defendants, who are attorneys-at-law, for having caused the arrest of the plaintiff upon an execution against his person.
The judgment upon which the execution was issued had been recovered by Andrew Roberts, executor of James Roberts, in an action against the plaintiff and one Myers, who were general assignees of one Mills,, for the benefit of his creditors. The present defendants were the attorneys for the plaintiff in that action. James Roberts was a preferred creditor of Mills under the assignment, and it'was alleged in the…
2Cases cited1 opinion
- Wood v. . HenryNew York Court of Appeals · 1869
3Cited by9 opinions
- Warner v. CronkhiteU.S. Circuit Court for the District of Eastern Wisconsin · 1875
- Barber v. . SterlingNew York Court of Appeals · 1877
- People v. Gaydica, New York County Courts1923
- Hardenbrook v. ColsonNew York Supreme Court · 1881
- In re the accounting of ScottNew York Court of Common Pleas · 1877
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