Thompson v. Lumley
New York Court of Common Pleas
Appeal by the defendants from an order made at special term, by Judge Joseph F. Daly, denying a motion to-vacate an assessment of damages, and from the assessment, had before Judge Yah Bbuht and a jury, and the judgment, entered upon the assessment.
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Appeal by the defendants from an order made at special term, by Judge Joseph F. Daly, denying a motion to-vacate an assessment of damages, and from the assessment, had before Judge Yah Bbuht and a jury, and the judgment, entered upon the assessment. The action was brought in this court to recover damages for malicious prosecution, in charging the plaintiff, before a. police justice, in New York city, with perjury, and causing his arrest by such justice on that charge, from"which arrest the plaintiff, after a hearing before the justice, was discharged. At the trial, the complaint was…
1Opinion of the Court
Charles P. Daly, Chief Justice.
This was an action to recover damages for a malicious prosecution. Upon the trial, the complaint was dismissed. . The plaintiff appealed to this court, and the general term granted a new trial. The defendants then appealed to the Court of Appeals, where the decision of the general term was affirmed, and upon the stipulation entered into by the appellants, judgment absolute was rendered for the plaintiff. The cause was then remitted to this court, where all that remained to be done, was to ascertain the plaintiff’s damages, he having in addition to his general…
2Cases cited12 opinions
- McKown v. . HunterNew York Court of Appeals · 1864
- Tillotson v. CheethamNew York Supreme Court · 1808
- Vanderslice v. . NewtonNew York Court of Appeals · 1850
- Foster v. SmithNew York Supreme Court · 1833
- Bates v. LoomisNew York Supreme Court · 1830
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- Bartelt v. BraunsdorfWisconsin Supreme Court · 1883
- Linitzky v. GormanCity of New York Municipal Court · 1914
- Sutton v. DuntleyAppellate Division of the Supreme Court of the State of New York · 1923
- Keller v. FeldmanNew York Court of Common Pleas · 1893
6 more not listed; retrieve them via the Exa API.