Gilbert v. Satterlee
New York Supreme Court
Motion for nonsuit, pending decision, on which motion damages have heen assessed by the jury in favor of the plaintiff, pursuant to section 1181 of the Code of Civil Procedure. This is an action for false imprisonment against the defendant Satterlee, a justice of the peace of the town of Berlin, Eensselaer county, N. Y., and the defendant Nichols, a resident of said town.
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Motion for nonsuit, pending decision, on which motion damages have heen assessed by the jury in favor of the plaintiff, pursuant to section 1181 of the Code of Civil Procedure. This is an action for false imprisonment against the defendant Satterlee, a justice of the peace of the town of Berlin, Eensselaer county, N. Y., and the defendant Nichols, a resident of said town. On the 11th of April, 1902, the defendant Nichols laid an information before the defendant Satterlee, as such justice of the peace, as aforesaid, and made a deposition of which the following is a copy: “ State of New York, )…
1Opinion of the CourtCochease, J.
This being an action for false imprisonment, the only inquiry is whether the deposition in pursuance of which the warrant was issued was sufficient to give the justice jurisdiction. If jurisdiction was conferred to issue the warrant, this action is not maintainable even though the justice may have erred in judgment, or if in the subsequent proceedings before him it may have transpired that no crime had in fact been committed. Swart v. Rickard, 148 N. Y. 264.
The plaintiff challenges the validity of the resolution of *295the town hoard passed pursuant to section 181 of the Town Law. This resolution…
2Cases cited8 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Hewitt v. . NewburgerNew York Court of Appeals · 1894
- Rutherford v. . HolmesNew York Court of Appeals · 1876
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
- Swart v. . RickardNew York Court of Appeals · 1896
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3Cited by1 opinion
- Riegel v. Hygrade Seed Co.District Court, W.D. New York · 1942