Diad v. Shibley
New York Supreme Court
Motion by certain defendants to set aside order obtained by plaintiff for their arrest in the present action, which plaintiff has brought against them and other defendants for malicious prosecution.
1Opinion of the CourtBlanchard, J.
This is a motion made on behalf of certain of the defendants to set aside the order obtained by the plaintiff for their arrest in the present action, which the plaintiff has brought against them .and other defendants for malicious prosecution. The order of arrest was issued upon the summons and complaint and upon an affidavit of the plaintiff, and the present motion raises the question of the sufficiency of these papers. The affidavit and complaint alleged that the defendants maliciously and without reasonable or probable cause charged the plaintiff, before a city magistrate, with the crime…
2Cases cited11 opinions
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Vanderbilt v. MathisThe Superior Court of New York City · 1856
- Frost v. WillardNew York Supreme Court · 1850
- Whitlock v. RothNew York Supreme Court · 1850
- McMorris v. HowellAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by2 opinions
- Ringrose v. GleadallCalifornia Court of Appeal · 1911
- Reiss v. LevyAppellate Division of the Supreme Court of the State of New York · 1914