Dusenbury v. Keiley
New York Court of Common Pleas
Appeal from a judgment of this court dismissing the complaint, and from an order denying a motion for a new trial. On the 14th day of November, 1876, upon the application of the defendant, Mr. Justice Speir, of the Superior Court, issued a warrant under what is commonly called the Still-well act for the arrest of the plaintiff, and on the 15th of November the sheriff arrested the plaintiff and produced him in court.
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Appeal from a judgment of this court dismissing the complaint, and from an order denying a motion for a new trial. On the 14th day of November, 1876, upon the application of the defendant, Mr. Justice Speir, of the Superior Court, issued a warrant under what is commonly called the Still-well act for the arrest of the plaintiff, and on the 15th of November the sheriff arrested the plaintiff and produced him in court. The counsel for the plaintiff objected to the regularity of the proceeds, the jurisdiction of the judge, and the sufficiency of the papers, and also gave the recognizance and bond…
1Opinion of the Court
Van Brhht, J. [after stating the facts as above].—
When we consider the distinction between an action for false imprisonment and one for malicious prosecution, all uiffi*540culties in the solution of the question presented by this appeal seem to be removed.
An action for false imprisonment will lie where there is an imprisonment' without any process whatever, or under-color of process wholly illegal, without regard to the question whether any crime has been committed or debt due.
An action for malicious prosecution will lie where there has been an arrest made at the instance of a prosecutor in a…
2Cases cited1 opinion
- Broadhead v. McConnellNew York Supreme Court · 1848
3Cited by6 opinions
- Mobley v. BroomeSupreme Court of North Carolina · 1958
- Bennett v. Austro-Americana Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Dill v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1957
- Politano v. JacobyAppellate Division of the Supreme Court of the State of New York · 1934
- Tucker v. GilletteOhio Circuit Courts · 1901
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