Philips v. Leary
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cornelius Leary, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Dutchess on the 21st day of May, 1906, denying the defendant’s motion for a change of venue.
1Opinion of the Court
Miller, J.:
The action is for false arrest in the county of Hew York, and the defendant, a police officer of the city of Hew York, seeks a change of the place of trial to said county, alleging that he is sued for an act done “ in virtue of his office.” The complaint makes no mention of the fact that the defendant was such officer, and the justification for the arrest pleaded in the answer is that the plaintiff was acting *872in a suspicious manner. It is not alleged that the defendant had a warrant; that the plaintiff had committed or attemptéd to commit a crime in his presence; that the plaintiff…
2Cases cited5 opinions
- Burns v. . ErbenNew York Court of Appeals · 1869
- Brown v. SmithNew York Supreme Court · 1857
- Newman v. New York, L. E. & W. R. Co.New York Supreme Court · 1889
- Murphy v. CallanAppellate Division of the Supreme Court of the State of New York · 1902
- Green v. RumseyNew York Supreme Court · 1829
3Cited by1 opinion
- Conley v. CarneyAppellate Division of the Supreme Court of the State of New York · 1908