Blakelee v. Buchanan
New York Supreme Court
This action is brought for the purpose of recovering $100,000 damages, alleged to have been sustained by reason of the publication and circulation, by the defendant, of an alleged libellous circular, set out in the complaint.
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This action is brought for the purpose of recovering $100,000 damages, alleged to have been sustained by reason of the publication and circulation, by the defendant, of an alleged libellous circular, set out in the complaint. Upon the complaint and an affidavit of the plaintiff, Justice Morgan granted an order of arrest holding the defendant to bail in the sum of $10,000. The bail was given, and the defendant, on the papers used to obtain the order of arrest and on his own affidavit, moves to discharge the order, of arrest. The plaintiff reads additional affidavits in support of the arrest,…
1Opinion of the CourtHardin, J.
Prior to the passage of the non-imprisonment act of 1831, the cases in which a defendant might be arrested were prescribed by the revised statutes. (2 R. S., 348.)
In cases of libel it was necessary to apply for an order of a judge, who, in cases coming within the established practice, granted the order (Graham’s Pr., book 2, 105), and special circumstances were required to obtain the order (2 Cains R., 47; 20 Johns., 337).
The legislature, April 26, 1831, by what is known as the Stilwell act or non-imprisonment act, provided for certain cases of arrest.
That act was not repealed by the 179…
2Cases cited4 opinions
- Cobb v. . HarmonNew York Court of Appeals · 1861
- People ex rel. Sharkey v. GoodwinNew York Supreme Court · 1868
- Norton v. BarnumNew York Supreme Court · 1823
- Bates v. ReynoldsThe Superior Court of New York City · 1861
3Cited by1 opinion
- Morris v. GraberCity of New York Municipal Court · 1932