Lange v. . Benedict
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendant, entered upon an order reversing an order of Special Term which overruled a demurrer to the complaint herein, and sustaining the demurrer. (Reported below, 8 Hun, 362.) This action was for false imprisonment. The allegations of-the complaint are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendant, entered upon an order reversing an order of Special Term which overruled a demurrer to the complaint herein, and sustaining the demurrer. (Reported below, 8 Hun, 362.) This action was for false imprisonment. The allegations of-the complaint are set forth sufficiently in the opinion. When plaintiff was convicted he was not legally liable to the punishment imposed. (Ex parte Lange, 18 Wall., 165; People v. Liscomb, 60 N. Y., 570.) Plaintiff was not compelled to stand or fall by…
1Opinion of the CourtFolger, J.
The plaintiff has brought an action against the defendant for false imprisonment, and detention in prison. He alleges that it was wrongful and willful, without just cause or provocation. He does not allege that it was malicious or corrupt. The complaint in the action sets out the facts in extenso upon which the plaintiff relies. To this the defendant has demurred, stating threb causes of demurrer; but the one cause relied upon, is that the complaint does not state facts sufficient to constitute a cause of action.
It is well, therefore, to state with some particularity the facts which are…
2Cases cited10 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Hunt v. . HuntNew York Court of Appeals · 1878
- Randall v. BrighamSupreme Court of the United States · 1869
- Ex Parte ParksSupreme Court of the United States · 1876
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3Cited by101 opinions
- Broom v. DouglassSupreme Court of Alabama · 1912
- Mundy v. McDonaldMichigan Supreme Court · 1921
- Murray v. BrancatoNew York Court of Appeals · 1943
- Linder v. FosterSupreme Court of Minnesota · 1940
- State ex rel. Egan v. WoleverIndiana Supreme Court · 1891
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