Hernandez v. Carnobeli
The Superior Court of New York City
This was a motion to discharge the defendant from imprisonment under an order of arrest, or to mitigate the bail. The affidavit of the plaintiff, Francisco Elias Hernandez, sworn to the 9th Feb., 1855, upon which the order of arrest was founded, is substantially as follows:—That he is aged sixteen years and upwards; that he is the god-son and ward of his uncle, Jose Elias Hernandez, who resides at No. 91 President-street, Brooklyn; and that he has been educated in this…
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This was a motion to discharge the defendant from imprisonment under an order of arrest, or to mitigate the bail. The affidavit of the plaintiff, Francisco Elias Hernandez, sworn to the 9th Feb., 1855, upon which the order of arrest was founded, is substantially as follows:—That he is aged sixteen years and upwards; that he is the god-son and ward of his uncle, Jose Elias Hernandez, who resides at No. 91 President-street, Brooklyn; and that he has been educated in this country, at his said uncle’s expense; that he was placed by his uncle, in November last, at a school kept in Claverack, near…
1Opinion of the Court
Hoffman, Justice.
The defendant has been sued in an action stated to be for false imprisonment, or assault and battery. *448The complaint is not yet filed; but the case presented on the affidavits shows that such must be the cause of action; and the counsel of the plaintiff states that the action is for the former cause.
There are two points raised in the case, as now before me.
1st. It appears that an action was commenced in the district court of the United States against the present defendant, with Francis Stoughton, the Spanish consul, in which the defendant was held to bail in the sum of $2,000,…
2Cases cited1 opinion
- Peck v. Hozier & MulockNew York Supreme Court · 1817
3Cited by3 opinions
- Townsend v. NebenzahlNew York Supreme Court · 1879
- Ellison v. LindsleyNew Jersey Superior Court Appellate Division · 1880
- In re Supplementary Proceedings Zelie, New York County Courts1898