Pangburn v. Bull
New York Supreme Court
Error from the Albany common pleas. The action in the common pleas was for a malicious prosecution, brought by Bull against Pangburn.
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Error from the Albany common pleas. The action in the common pleas was for a malicious prosecution, brought by Bull against Pangburn. The plaintiff declared that the defendant, on the thirtieth, day of March, 1826, not having any ’ . . reasonable or probable cause of action whatsoever against the plaintiff, which he, the defendant, well knew, procured a summons from a justice, under the fifty dollar act, against the plaintiff, returnable on the 8th day of April then next, to answer the defendant in a plea of trespass on the case; that the same was delivered to a constable, who, on the…
1Opinion of the Court
iBy the Court,
Woodworth, J.
The declaration alleges, that the first summons issued on the thirtieth day of March, and the proof is, that it was served on the fifteenth of that month; and for this variance, the defendant moved for a nonsuit, which was denied by the common pleas, and correctly. The time of service is not a material allegation. Besides, it appears that the summons in each cause was regularly served. The day of service, as stated, was impossible; it contradicted what had been before alleged, viz. that the summons issued on the thirtieth day of March; it must, therefore, be…
2Cited by38 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- People v. KilvingtonCalifornia Supreme Court · 1894
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Marbourg v. SmithSupreme Court of Kansas · 1873
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