Sweeney v. . O'Dwyer
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 13, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 13, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint alleges facts constituting two causes of action for false imprisonment against the defendant, and the opening statement contained nothing which showed that the defendant was not liable and the dismissal of the complaint was, therefore,…
1Opinion of the CourtHiscock, J.
This action was brought to recover damages for alleged false imprisonment which occurred under two warrants in contempt proceedings successively issued by the defendant, who was a judge of the City Court of the city of Hew York. Plaintiff is attempting to establish that each of these warrants was void, both on the face thereof and for lack of jurisdiction to issue the same. His action was dismissed after the opening of his counsel at the Trial Term on the ground that his complaint and such opening considered together did not state facts sufficient to establish his claim, and the question…
2Cases cited5 opinions
- Lange v. . BenedictNew York Court of Appeals · 1878
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Phinney v. . BroschellNew York Court of Appeals · 1880
- Simser v. CowanNew York Supreme Court · 1868
- Clark v. BoweThe Superior Court of New York City · 1880
3Cited by16 opinions
- Allard v. EstesMassachusetts Supreme Judicial Court · 1935
- People ex rel. NunnsAppellate Division of the Supreme Court of the State of New York · 1919
- Alexander v. JenningsWest Virginia Supreme Court · 1966
- Alexander v. JenningsWest Virginia Supreme Court · 1966
- Bradford v. PetteNew York Supreme Court · 1953
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