Johnson v. Girdwood
New York Court of Common Pleas
Appeal from special term. Action by Joseph W. Johnson against James Girdwood. From a judgment sustaining a demurrer to the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtPryor, J.
The point for adjudication is whether a complaint, in substance as follows, be bad on demurrer, namely: That the plaintiff was arrested upon the complaint of the defendant. That each of the statements in defendant’s complaint was false, and was known by the defendant to be false at the time he made it. That the complaint was made without probable cause and maliciously, with the intention on his part to injure the plaintiff, and to cause him to be unjustly arrested. That the plaintiff was taken before a police justice, and subsequently before the court of special sessions, and upon a false…
Also in this document: Concurrence.
2Cases cited7 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Emery v. . PeaseNew York Court of Appeals · 1859
- Ward v. . Town of SouthfieldNew York Court of Appeals · 1886
- Wright v. . WrightNew York Court of Appeals · 1873
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3Cited by13 opinions
- Joseph A. Weiss v. Emerich HunnaCourt of Appeals for the Second Circuit · 1963
- Pine v. OkzewskiSupreme Court of New Jersey · 1934
- Kittler v. KelschNorth Dakota Supreme Court · 1927
- In re the Accounting of StanleyNew York Surrogate's Court · 1945
- Kusnir v. Pressed Steel Car Co.District Court, S.D. New York · 1912
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