Nowak v. Waller
New York Supreme Court
Appeal from circuit court, Suffolk county. Action for false imprisonment, brought by Anton Nowak against George F. Waller, George W. Jeffery, and Egbert Benjamin. Defendant Waller is a justice of the peace; the defendant Jeffrey, an overseer of the poor; and defendant Benjamin, a constable. The court dismissed the complaint as against all defendants. Plaintiff appeals.
1Opinion of the CourtPratt, J.
Defendant Jeffrey went before the magistrate, Waller,- and made a statement of what he regarded as constituting a criminal charge. It does not appear that he made any false statement, or that he entertained any •malice against the plaintiff, or that he asked that a warrant should issue, or that he gave any direction or took any part in its service. These facts did not make him liable to an action for false imprisonment. The justice was •authorized by law to receive an information or complaint, and issue a warrant, in such a case; and it is not material whether the facts sworn to were in law…
2Cases cited4 opinions
- Ayers v. RussellNew York Supreme Court · 1888
- Bartlett v. Village of TarrytownNew York Supreme Court · 1889
- Lewis v. RoseNew York Supreme Court · 1871
- Gardner v. BainNew York Supreme Court · 1871
3Cited by8 opinions
- Rivera Escuté v. DelgadoSupreme Court of Puerto Rico · 1958
- People v. HaganNew York Court of Special Session · 1931
- Pueblo v. TraviesoSupreme Court of Puerto Rico · 1942
- Linitzky v. GormanCity of New York Municipal Court · 1914
- Hilts v. StateNew York Court of Claims · 1965
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