Higgins v. Dewey
City of New York Municipal Court
Appeal from special term. Action by Eugene Higgins and others against William 0. Dewey. Defendant is a citizen of Massachusetts, and while in New York city was arrested at the instance of plaintiffs. Defendant moved that the order of arrest and the service thereof be set aside, for the reason that he had been inveigled by plaintiffs to come within the jurisdiction of the court. His motion was granted, and plaintiffs appeal.
1Per curiam
To “inveigle” is to persuade to something bad or hurtful, by deceptive arts or flattery; to wheedle; to allure; to entice; to seduce. Webst. *571Die. In a legal sense, (as applicable in this case,) it is to induce a party to come within the jurisdiction of the court by some scheme, subterfuge, fraud, trick, device, or misrepresentation, that he may be served with process. Baker v. Wales, 14 Abb. Pr. (N. S.) 331. Carpenter v. Spooner, 2 Code R. 140, affirmed, 2 Sandf. 717, 3 Code R. 23; Metcalf v. Clark, 41 Barb. 45. The defendant wrote to the plaintiffs from Palmer, Mass., September 17, 1890,…
2Cases cited5 opinions
- Adriance v. . LagraveNew York Court of Appeals · 1874
- Metcalf v. ClarkNew York Supreme Court · 1864
- Carpenter v. SpoonerThe Superior Court of New York City · 1850
- Browning v. AbramsNew York Supreme Court · 1876
- At. Pac. Tel. Co. v. . Balt. O.R.R. Co.New York Court of Appeals · 1882
3Cited by3 opinions
- State Ex Rel. Ellan v. District CourtMontana Supreme Court · 1934
- Campbell v. HudsonMichigan Supreme Court · 1895
- Beacon v. RogersNew York Supreme Court · 1894