Von Latham v. Libby & Rowan
New York Supreme Court
APPEAL from a judgment of the city court of Brooklyn, and from an order subsequently made by that court, denying the defendants' motion for a new trial.
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APPEAL from a judgment of the city court of Brooklyn, and from an order subsequently made by that court, denying the defendants' motion for a new trial. The complaint alleged that on the 5th day of February, 1862, the defendants, at the city óf Brooklyn, wrongfully and maliciously contriving and conspiring together to injure the-plaintiff, caused and procured a warrant to be issued against and for the apprehension of the plaintiff, by William M. Boerum, Esq., a justice of the peace of said city, and for the purpose of procuring said warrant, and to subject the plaintiff to arrest and…
1Opinion of the Court
By the Court, Emott, J.
The complaint in this case seems to have been framed to state a cause of action for malicious prosecution, and the answer was probably drawn to meet such a case. At the trial, however, by the ruling of the judge, and apparently without objection by either party, the action was considered and tried as if brought for false imprisonment. The defendants’ counsel insisted, at the outset, that the plaintiff should be compelled to elect whether he would proceed for false imprisonment or for malicious prosecution. Such *343an election, although refused hy the judge at that stage of…
2Cases cited4 opinions
- Gold v. BissellNew York Supreme Court · 1828
- Stewart v. HawleyNew York Supreme Court · 1839
- Vredenburgh v. HendricksNew York Supreme Court · 1853
- Curry v. PringleNew York Supreme Court · 1814
3Cited by27 opinions
- Hubbard v. LordTexas Supreme Court · 1883
- Miller v. . AdamsNew York Court of Appeals · 1873
- Herzog v. Atchison, Topeka & Santa Fe R.R.California Supreme Court · 1908
- Gifford v. WigginsSupreme Court of Minnesota · 1892
- Hershey v. O'NeillU.S. Circuit Court for the District of Southern New York · 1888
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