Tanzer v. Breen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arnold Tanzer, from an order of the Supreme Court, made at the Mew York Special Term and'entered in the office of the clerk of the county of Mew York on the lHh day of February, 1909, denying the plaintiff’s motion to vacate and set aside a judgment theretofore entered herein in favor of the defendant George W. Morgan, dismissing the complaint as to said defendant.
1Opinion of the Court
Clarke, J.:
Plaintiff sued Breen, a city magistrate, and Morgan, State Superintendent of Elections, and Dominick, his deputy, for a tort in causing his arrest under a charge of false registration. The defendant Morgan interposed a separate answer. "Upon the trial the complaint was dismissed as against the defendant Morgan, and, proceeding further against the other defendants, it was finally declared to he a mistrial because of the sickness and non-appearance of a *655juror. Thereafter the defendant Morgan procured an extract from the minutes, reading as follows: “ I hereby certify that this cause…
2Cases cited7 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Dominick v. EackerNew York Supreme Court · 1848
- Stedeker v. . BernardNew York Court of Appeals · 1886
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- Lansing v. MontgomeryNew York Supreme Court · 1807
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