Grimes v. Davison

New York Supreme Court

Grimes v. Davison

2 Abb. N. Cas. 457

CourtNew York Supreme Court

DecidedOctober 15, 1877

StatusPublished

Cited by2 cases

This text of 2 Abb. N. Cas. 457 (Grimes v. Davison) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grimes v. Davison, 2 Abb. N. Cas. 457 (N.Y. Super. Ct. 1877).

Pincite

Opinion

Barrett, J.

No proof is furnished in support of the allegations of facts. Malice is alleged, but no evidence of it is given. Want of probable cause is, at one time alleged, again omitted. Where alleged, it is unsupported by evidence. An arrest will not lie upon mere averment, whether in the form of an affidavit or a complaint. The plaintiff should make out a prima facie case, sufficient to enable him to rest-upon the trial. The papers are otherwise very defective, and the order cannot be upheld.

Motion granted, with $10 costs. '

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Barrett, J.

No proof is furnished in support of the allegations of facts. Malice is alleged, but no evidence of it is given. Want of probable cause is, at one time alleged, again omitted. Where alleged, it is unsupported by evidence. An arrest will not lie upon mere averment, whether in the form of an affidavit or a complaint. The plaintiff should make out a prima facie case, sufficient to enable him to rest-upon the trial. The papers are otherwise very defective, and the order cannot be upheld.

Motion granted, with $10 costs. '

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Bluebook (online)

2 Abb. N. Cas. 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimes-v-davison-nysupct-1877.

Opinion

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