Foster v. Smith
New York Supreme Court
Motion to set aside an inquisition taken on a writ of inquiry of damages, after a default, in an action of trespass quare domum fregit, and for false imprisonment. The plaintiff proved the breaking into his house in the night time, his arrest, and that he was carried to a camp-meeting, where he was tried for keeping an unlicenced huckster’s shop within the prohibited limits of a camp-meeting, and fined $15, which he was compelled to pay, to obtain his discharge.
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Motion to set aside an inquisition taken on a writ of inquiry of damages, after a default, in an action of trespass quare domum fregit, and for false imprisonment. The plaintiff proved the breaking into his house in the night time, his arrest, and that he was carried to a camp-meeting, where he was tried for keeping an unlicenced huckster’s shop within the prohibited limits of a camp-meeting, and fined $15, which he was compelled to pay, to obtain his discharge. The defendants offered to prove that the plaintiff had been guilty of the offence charged against him, and to show the regularity of…
1Opinion of the Court
*378 By the Court,
Nelson, J.
We are of opinion the testimow ny was inadmissible. The default admitted ali the material averments properly set forth in the declaration, and of course the false imprisonment, and every tiling essential to establish the right of the plaintiff to recover. The only debateable question left for the examination or consideration of the jury was the amount of damages, and that ought to have been examined and decided on the assumption that the false imprisonment had been committed by the defendants. Any evidence tending to prove that no right of action existed, or denying…
2Cited by17 opinions
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Watson v. Seat & CrawfordSupreme Court of Florida · 1859
- Redfield v. CritchleyNew York Court of Appeals · 1938
- Barclay v. PicklesSupreme Court of Missouri · 1866
- People ex rel. Mertig v. JohnstonNew York Supreme Court · 1946
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