Strang v. Whitehead

Decided May 15, 1834

New York Supreme Court · decided 1834-05-15

Error from the New-York common pleas. Whitehead sued Strang and Manning for false imprisonment, in arresting and holding him to bail in a suit prosecuted in the circuit court of the United States, in which the court had not jurisdiction.

Good law ✅— No negative treatment on recordhow we know

Decided 1834-05-15

How this case has been cited

Cited by 8 later decisions — most recently February 1914

1 district · 7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Savage, Ch. J.

¶2The expenses incurred by Whitehead, consequent upon his arrest, were not stated in the declaration; and as it cannot be said that they were the legal and natural consequence of the arrest, the judge erred in receiving the testimony objected to. It is wrong to permit any evidence to be given to a jury but such as may properly influence their verdict. The admission of that objected to in this case was an infringement of this rule. The judgment must be reversed.

¶3Judgment reversed, and venire de novo.