Kreiser v. Scofield
New York Court of Common Pleas
Appeal from city court, general term. Action by Samuel Kreiser against Cyrus Scofield and William GL McCrea for false imprisonment. From a judgment of the city court (29 N. Y. Supp. 685) affirming a judgment in favor of plaintiff, defendants appeal.
1Opinion of the CourtPryor, J.
The action is for false The detention of the plaintiff was by execution against the person after judgment, and without an order of arrest. Upon motion in the court in which the action was depending, the execution was vacated and set aside, and the defendant discharged. The order of vacatur does not state that the process was void, but recites that it was superseded because no issued within ten days after the return of execution against property, nor within three months after entry of judgment, and because the defendant was arrested while returning from attendance in court as a witness. The…
2Cases cited6 opinions
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
- Welsh v. . CochranNew York Court of Appeals · 1875
- Smith v. JonesSupreme Judicial Court of Maine · 1884
- Redner v. JewettNew York Supreme Court · 1893
- Finch v. GalligherNew York Supreme Court · 1890
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