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2 Abb. N. Cas. 108

Exner v. Exner

New York Supreme Court

Decided June 15, 1876

New York Supreme Court · decided 1876-06-15

<p>Complaint.—Cause op Action.—False Imprisonment.—Irrelevant Allegation.—Pleading.</p> <p>In the complaint in an action for false imprisonment, an allegation of a conspiracy of two of the defendants to imprison plaintiff, and that in pursuance thereof two other defendants were employed to make the arrest, is not irrelevant.*</p> <p>Allegations that defendants entered plaintiff’s house and arrested her, and another that they forcibly removed her therefrom and took her to jail, constitute only one cause of action, †</p> <p>In an action action for false imprisonment, an allegation, in addition to the general averment of personal injury, that plaintiff was prevented from performing certain domestic duties; Held, irrelevant.</p>

Relies on Shaw v. Jayne · Eddy v. Beach

Decided 1876-06-15

Lawrence, J.

¶1The first paragraph in the complaint I do not regard as irrelevant, nor does the complaint seem to me to be subject to the objections taken to the complaints in Eddy v. Beach (7 Abb. Pr. 18), and Shaw v. Jayne (4 How. Pr. 119). In those cases the pleader had set forth at great length the evidence by which he intended to substantiate the fact of his illegal imprisonment by the defendants, or through their instigation. Here there is a charge of a conspiracy on the part of two of the defendants to imprison the plaintiff, and that, in pursuance of such conspiracy, the other two defendants were employed to make the arrest.

¶2The second paragraph does not appear to set forth more than one cause of action when fairly construed, that cause of action being for an illegal or false imprisonment.

¶3The objection to the allegation that the plaintiff was prevented from attending to her children, one of whom was very ill, seems to be well founded. The allegation is irrelevant, and should be stricken out. Motion is granted to the extent above indicated ; no costs.

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