Dusenbury v. . Keiley
New York Court of Appeals
Appeal from judgment of the General Term .of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made February 2, 1880, which affirmed a judgment in favor of defendant, entered-upon an order dismissing the complaint on trial. The nature of the action and the facts are sufficiently stated in the opinion. Actual imprisonment is not necessary' to constitute an imprisonment.
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Appeal from judgment of the General Term .of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made February 2, 1880, which affirmed a judgment in favor of defendant, entered-upon an order dismissing the complaint on trial. The nature of the action and the facts are sufficiently stated in the opinion. Actual imprisonment is not necessary' to constitute an imprisonment. (Breakabeen v. Hegeman, 22 Mich. 266; Hawk v. Ridgway, 33 Ill. 473; Warner v. Riddiford, 4 C. B. [N. S.] 206.) To sustain an action for false imprisonment it is sufficient to show that…
1Opinion of the CourtFinch, J.
This action was for false imprisonment and was successfully defended upon the ground that the time limited for its commencement had expired. The plaintiff was arrested under what is known as the Stilwell Act on the 15,th day of November, 1876. He alleges in his complaint the arrest, his imprisonment in the office of the sheriff for several hours, his removal to the Superior Court'where he was also imprisoned for several hours, and then, that he was detained and restrained of his liberty under and by force of the proceedings instituted until about the 26th day of April, 1879, and that such…
2Cases cited5 opinions
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cadwell v. ColgateNew York Supreme Court · 1849
- Wood v. DwightNew York Court of Chancery · 1823
- Akin v. Western Rail RoadNew York Supreme Court · 1857
- Warne v. ConstantNew York Supreme Court · 1809
3Cited by25 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Mobley v. BroomeSupreme Court of North Carolina · 1958
- Worden v. . DavisNew York Court of Appeals · 1909
- Thompson v. ReasonerIndiana Supreme Court · 1890
- Tierney v. StateAppellate Division of the Supreme Court of the State of New York · 1943
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