Shappee v. Curtis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John D. "Curtis, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 27th day of December, . 1909, upon the verdict of a jury for $15,0, and also from an order entered in said clerk’s office on the 22d day of November, 1909, denying the defendant’s motion for a-new trial made upon the minutes.
1Opinion of the Court
Sewell, J.:
This action was brought for malicious prosecution. The defendant was an attendance officer of Union School No.. 10, of the town of Horseheads, county of Chemung, and a deputy sheriff of the county. The plaintiff is the mother of Bernice Shappee, a child ten years of age. The child resided with her mother, and regularly attended the school until November 11, 1908, when she was excluded therefrom by the principal pursuant to an order of the board of health, because the plaintiff .refused to permit her to be vaccinated. It appeared that , the plaintiff insisted'-upon the admission of…
2Cases cited4 opinions
- Willard v. . Holmes, Booth HaydensNew York Court of Appeals · 1894
- People v. OlmstedNew York Supreme Court · 1893
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Gunn v. WebsterNew York Supreme Court · 1894
3Cited by15 opinions
- People v. Williams, New York County Courts1930
- People v. HaganNew York Court of Special Session · 1931
- People ex rel. Mertig v. JohnstonNew York Supreme Court · 1946
- People v. LeibyNew York City Court · 1945
- People v. HuyckNew York County Court, Chenango County · 1939
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