Weeks v. Van Ness
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Count W. Weeks, from a judgment of the County Court of Orange county in favor of the defendant, entered in the office of the clerk of the county of Orange on the 20th day of February, 1904, upon the dismissal of the complaint by direction of the court after a trial at a Trial Term of said County Court.
1Opinion of the Court
Hirschberg, P. J.:
This action purports to be for damages resulting from the abuse of legal process, but I can find no support for it in either, reason or authority, under the circumstances disclosed by the proof. The legal process which the plaintiff complains that the defendant abused was a precept issued by the special -county judge of Orange county on July 6, 1901, upon the • defendant’s petition in summary proceedings verified the same day, which precept required the plaintiff as the defendant’s tenant to show cause in the usual form on the *8tenth day of July following why possession of…
2Cases cited2 opinions
- Dishaw v. WadleighAppellate Division of the Supreme Court of the State of New York · 1897
- Colyer v. GuilfoyleAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Wise v. CohenAppellate Division of the Supreme Court of the State of New York · 1906