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52 How. Pr. 11

Dempsey v. Lepp

New York Supreme Court

Decided October 15, 1876

New York Supreme Court · decided 1876-10-15

Motion to vacate an order of arrest. The complaint alleged that the defendant, on the 8th day of July, 1876, maliciously intending to injure the plaintiff in his good name and otherwise, and without reasonable or probable cause, procured and caused to be served a summons from the “ justices’ court of the city of Albany,” directed to the defendant, .returnable on the fourteenth day of July, then instant, to answer said Lepp for debt, damages §200 or under.' On the return day,…

Cited by 3 later decisions — most recently January 1932

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-10-15

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Westbrooke, J.

¶1—This motion, by stipulation, was heard only on the affidavits upon which the order was made. It is an action for a tort, and can be regarded as an injury to the person as well as an action for seduction or criminal conversation.

¶2Motion to vacate order of arrest denied.

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