Griswold v. Sedgwick
New York Supreme Court
This was an action for false imprisonment. The defendants severed in their defences. The Messrs. Sedgwick plead general issue, and specially, that before the said time when, &c. a suit was pending in the circuit court of the Uníted States, for the southern district of New-York, in the seconq circuit, on the equity side of the court, wherein theplaintiff in this cause, being a citizen of the state of New-York,, was complainant, and one Samuel Hill, being a cilizen 0f the…
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This was an action for false imprisonment. The defendants severed in their defences. The Messrs. Sedgwick plead general issue, and specially, that before the said time when, &c. a suit was pending in the circuit court of the Uníted States, for the southern district of New-York, in the seconq circuit, on the equity side of the court, wherein theplaintiff in this cause, being a citizen of the state of New-York,, was complainant, and one Samuel Hill, being a cilizen 0f the state of Massachusetts, was defendant, and suck . proceedings were had in that suit, that at " a court holden on the equity…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first question is, whether the replication is good ? The resolutions in Crogate's case,(8 Co. 132,) establish this rule:, that where the plea contains matter of excuse only, there the replication of de injuria sua propria absque tali causa is a good replication ; but not where it contains matter of justification, whether that justification rest upon matter of right or interest, or upon an authority from the plaintiff, or upon authority given by law. In Jones v. Kitchin, (1 B. & P. 80, 1,) Eyre, chief justice, says, “ If we were now to break in upon the rule so…
2Cited by25 opinions
- West v. CabellSupreme Court of the United States · 1894
- Farnham v. HildrethNew York Supreme Court · 1860
- Putnam v. ManNew York Supreme Court · 1829
- Prell v. McDonaldSupreme Court of Kansas · 1871
- Winters v. CampbellWest Virginia Supreme Court · 1964
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