Moloney v. Dows
New York Court of Common Pleas
Appeal from, an order made at special term, held by Judge Hilton, denying a motion on the part of the plaintiff for judgment, as upon a failure to answer. The action arose out of the proceedings of the so-called Vigilance Committee of San Francisco, in California.
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Appeal from, an order made at special term, held by Judge Hilton, denying a motion on the part of the plaintiff for judgment, as upon a failure to answer. The action arose out of the proceedings of the so-called Vigilance Committee of San Francisco, in California. The peculiar nature of the suit, and the questions presented, seem to justify inserting the entire complaint, which was as follows: “That from on or about the twenty-eighth day of February, 1849, to the present time, the plaintiff has been a good and reputable citizen of the state of California, and an actual inhabitant and resident…
1Opinion of the Court
By the court, Daly, First Judge.
The verification of an answer may be omitted where the defendant, if a witness, would be privileged from testifying as to the truth of any matter alleged in the complaint (Laws of 1854, p. 158) and denied by the answer. The complaints in these cases charge the defendants with having committed a series of crimes, and there can be no doubt that, if they were under examination as witnesses, they would be privileged from answering as to many of the matters alleged in the complaints.
It is insisted, however, that a defendant cannot put in an unverified answer to a…
2Cases cited6 opinions
- People v. MatherNew York Supreme Court · 1830
- Ex Parte City BankSupreme Court of the United States · 1844
- March v. DavisonNew York Court of Chancery · 1842
- Bellinger v. PeopleNew York Supreme Court · 1832
- De Forest v. StrongSupreme Court of Connecticut · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- Meyer v. Virginius St. Julian MayoAppellate Division of the Supreme Court of the State of New York · 1916
- Dehn v. MandevilleNew York Supreme Court · 1893
- Simpson v. BrooksSupreme Court of Arkansas · 1945
- Brown v. WalkerSupreme Court of the United States · 1896