Ayers v. Russell
New York Supreme Court
Appeal from special term, Albany county. Action by Alfred Ayers against Sehvyn A. Bussell, Daniel V. O’Leary, and Anthony Gould, the first two being physicians, and the latter the recorder of the city of Albany, for damages alleged to have been sustained by the wrongful confinement of plaintiff as a lunatic. From an order sustaining the demurrer of all the defendants to the complaint plaintiff appeals.
1Dissent
Ingalls, J., (dissenting.)
I agree with my associates that the complaint does not contain the statement of a cause of action against the defendant Gould, and that the order of the special term which is to that effect should be affirmed, with costs. A careful examination of the case has led me to the conclusion that the complaint is also defective in failing to state a legal cause of action against the other defendants, Bussell and O’Leary, and that the order of the special term should also be affirmed as to those defendants, with costs.
In determining the question whether the last-named…
2Cases cited9 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Lange v. . BenedictNew York Court of Appeals · 1878
- Weaver v. DevendorfNew York Supreme Court · 1846
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Wyck v. . AspinwallNew York Court of Appeals · 1858
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