Stickle v. Richmond
New York Supreme Court
Demurrer to replication. The declaration was for trespass, assault and battery, and false imprisonment; alleging that the defendant, on, «fee. at Redhook!¡ in the county of Dutchess, with force, «fee. assaulted and beat the plaintiff, and compelled him to go in and along divers roads, «fee. from Redhook aforesaid to the county of Onondaga, and then and there imprisoned the plaintiff, and detained him in prison, without any reasonable or probable cause, for a long ' space of…
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Demurrer to replication. The declaration was for trespass, assault and battery, and false imprisonment; alleging that the defendant, on, «fee. at Redhook!¡ in the county of Dutchess, with force, «fee. assaulted and beat the plaintiff, and compelled him to go in and along divers roads, «fee. from Redhook aforesaid to the county of Onondaga, and then and there imprisoned the plaintiff, and detained him in prison, without any reasonable or probable cause, for a long ' space of time, to wit, ten weeks, contrary to the laws and customs, «fee. Plea second, as to the beating and wounding; «fee. and…
1Opinion of the Court
By the Court, Bronson, J.
A distinction was taken in Crogate’s case, (8 Co. 132,") between a justification under legal process from a court of record, and from a court not of record. Although both justifications were equally good, yet, in the former case, the general replication de injuria was deemed bad, but in the latter it was said to be good. This distinction seems still to be regarded as a solid one in Westminster Hall, as appears by the recent decision of the K. B. in Selby v. Bardons, (3 Barn, & Ald. 2.) It was there held, by Parke and Patteson, Js., against the-opinion of Lord…
2Cases cited1 opinion
- Coburn v. HopkinsNew York Supreme Court · 1830