Dennis v. . Ryan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 5 Bans., 350 ; 63 Barb., 145.) • This action was for malicious prosecution in falsely and maliciously charging and causing the plaintiff to be indicted, arrested and tried for the crime of forgery.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 5 Bans., 350 ; 63 Barb., 145.) • This action was for malicious prosecution in falsely and maliciously charging and causing the plaintiff to be indicted, arrested and tried for the crime of forgery. Defendant went to the district attorney of Cayuga county and charged plaintiff and one William Dennis with erasing an indorsement of a payment made upon a bond conditioned for the payment of money; the district attorney…
1Opinion of the Court
Gray, C.
In all that pertained to the criminal prosecution of the plaintiff, the defendant was as much the complainant and prosecutor as if he had, unbidden by legal process, appeared before the grand jury and made the complaint upon which the indictment was found. He knew the district attorney to be a law officer of the county, whose duty it was to prosecute for such criminal offences as had been committed within its limits; he appeared before him and related his made-up and malicious story which, if true, constituted, in the opinion of that officer, a criminal offence. The result was that…
2Cases cited4 opinions
- Morris v. ScottNew York Supreme Court · 1839
- M'Neely v. DriskillIndiana Supreme Court · 1829
- Collins v. LoveIndiana Supreme Court · 1845
- Forrest v. CollierSupreme Court of Alabama · 1852
3Cited by39 opinions
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- Robert Carl Anthony v. Daniel G. Baker, Individually and as Deputy Sheriff of the County of El Paso, ColoradoCourt of Appeals for the Tenth Circuit · 1992
- Sebastian v. CheneyTexas Supreme Court · 1894
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