Egleston v. Scheibel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Herbert E. Egleston, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 7th day of February, 1905, upon the decision of the court, rendered after a trial at the Westchester Special Term, sustaining the defendants’ demurrer to the complaint.
1Opinion of the Court
Gaynor, J. :
Each defendant demurs to the- complaint on the ground {in' so many words) that" four separate causes of action for false imprisonment, one against each defendant, are improperly united. It is claimed that it alleges,the.doing of four different torts, one by each defendant, instead of bnly one tort by them all. Each also demurs that the complaint does not state facts sufficient to constitute a cause of action against him.
The complaint is for, a false arrest and imprisonment; or, to be *799exact, for a false imprisonment, for the imprisonment begins at the arrest. Any physical detention…
2Cases cited10 opinions
- Livingston v. BishopNew York Supreme Court · 1806
- Gold v. BissellNew York Supreme Court · 1828
- Dyett v. . HymanNew York Court of Appeals · 1891
- Elder v. MorrisonNew York Supreme Court · 1833
- Judson v. CookNew York Supreme Court · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jacques v. Sears, Roebuck & Co.New York Court of Appeals · 1972
- Kajtazi v. KajtaziDistrict Court, E.D. New York · 1978
- Klam v. BoehmIdaho Supreme Court · 1952
- Lehman v. HarveyOhio Court of Appeals · 1933
- Grago v. VasselloNew York Supreme Court · 1940
4 more not listed; retrieve them via the Exa API.