Legal Opinion

Corwin v. Freeland

New York Supreme Court

Decided May 15, 1851PublishedCited by 1 opinion

Mason, Monson and Shankland, Justices. This was an action for false imprisonment, brought by the plaintiff, a merchant of Ithaca, Tompkins co., against the defendants, who are merchants residing in the city of New York, and was tried at the Tompkins circuit in December 1850, without a jury, and a judgment rendered for the plaintiff, from which the defendants appealed to the general term.

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Mason, Monson and Shankland, Justices. This was an action for false imprisonment, brought by the plaintiff, a merchant of Ithaca, Tompkins co., against the defendants, who are merchants residing in the city of New York, and was tried at the Tompkins circuit in December 1850, without a jury, and a judgment rendered for the plaintiff, from which the defendants appealed to the general term. The answer stated that the present defendants commenced an action against the present plaintiff on the 8th day of April 1850, to recover the price of a bill of goods sold to defendant by them; that on the 9th…

1Opinion of the Court

By the Court, Shankland, Justice.

question presented for adjudication, in this cause, is one of vast practical importance, and well deserves the consideration of this court.

It is no less a question than whether a citizen can be deprived of his reputation and liberty, without a trial. If the Code authorizes such a procedure the legislature should know it, and correct the evil. The defendants contend that sections 178, 179, 180, 181, 182, 183 and 288, have altered the practice fundamentally from the old system; and that it is no longer necessary that the execution should follow the judgment, and…

2Cited by1 opinion

  1. Davis v. RobinsonCalifornia Supreme Court · 1858

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