Dempsey v. Lepp
New York Supreme Court
Motion to vacate an order of arrest. The complaint alleged that the defendant, on the 8th day of July, 1876, maliciously intending to injure the plaintiff in his good name and otherwise, and without reasonable or probable cause, procured and caused to be served a summons from the “ justices’ court of the city of Albany,” directed" to the defendant, .returnable on the fourteenth day of July, then instant, to answer said Lepp for debt, damages §200 or under.' On the return…
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Motion to vacate an order of arrest. The complaint alleged that the defendant, on the 8th day of July, 1876, maliciously intending to injure the plaintiff in his good name and otherwise, and without reasonable or probable cause, procured and caused to be served a summons from the “ justices’ court of the city of Albany,” directed" to the defendant, .returnable on the fourteenth day of July, then instant, to answer said Lepp for debt, damages §200 or under.' On the return day, Lepp appeared and declared for fifty dollars damages for an injury to his cow. Issue was joined, and the cause was…
1Opinion of the CourtWestbrooke, J.
—This motion, by stipulation, was heard only on the affidavits upon which the order was made. It is an action for a tort, and can be regarded as an injury to the person as well as an action for seduction or criminal conversation.
Motion to vacate order of arrest denied.
2Cited by3 opinions
- Gelles v. RosenbaumNew York Supreme Court · 1931
- Brounstein v. SahleinNew York Supreme Court · 1892
- Morris v. GraberCity of New York Municipal Court · 1932