Searll v. McCracken
This text of 16 How. Pr. 262 (Searll v. McCracken) 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.
Opinion
The complaint does not state that the order of arrest which it alleges the defendant maliciously and falsely obtained against the plaintiff in another action, had been vacated, or that judgment had been rendered for the defendant therein. If the order was a nullity ah initio, and Could afford no justification, these allegations would be unnecessary. But the order set forth in this complaint is clearly not void. If at all defective, and issued on a false affidavit, it is only voidable; and this must be determined by the competent authority, before an action can be sustained against the persons who procured it. (Reynolds agt. Corss, 3 Cai. R. 271; Burt agt. Place, 4 Wend. 597.)
Judgment for defendants on the demurrer, with costs, unless plaintiff amend complaint, and pay costs within ten days.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
16 How. Pr. 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/searll-v-mccracken-nysupct-1858.