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Vanduzor v. Linderman

Vanduzor against Linderman

Vanduzor v. Linderman, 10 Johns. 106 (N.Y. Sup. Ct. 1813)
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Court
New York Supreme Court · State Trial Courts
Decided
January 15, 1813
Citations
10 Johns. 106
Cited by 13
Headnotes
No action-lies merely ior hringingasuit, without sufficient ground. To sustain a suit for a former prosecution, it must he without cause, and ma* licious. Such a suit is not cognisable before a justice.
Summary
IN ERROR, on certiorari, from a justice’s court. Linderman sued Vandusor, before the justice, and declared against him for the loss of the service of his son, whilst defending a certain suit, brought against him by Vandusor; and for money paid by Linderman, in behalf of his son, in and about defending the same suit, &c. There was a trial by jury, and a verdict for the plaintiff, for three dollars, on which the justice gave judgment.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

No action lies merely for bringing a suit against a person without sufficient ground. (Savil v. Roberts, 1 Salk. 13. Purton v. Honnor, 1 Bos. Sr Pull. 205.) To sustain a suit for a former prosecution, it must appear to have been without cause, and malicious: and an action for malicious prosecution is not cognisable before a justice.

Judgment reversed.

How later courts describe this case

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Cited by 13 cases

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1860–1861: 11862–1863: 11864–1865: 11866–1867: 11876–1877: 11878–1879: 11886–1887: 11888–1889: 11896–1897: 11902–1903: 21904–1905: 11924–1925: 118602026peak 1902 · 2

Relies on it most ⓘ

  1. Burt v. Smith73 N.E. 495 (N.Y. 1905)
  2. McKown v. Hunter30 N.Y. 625 (1864)
  3. Paul v. Fargo84 A.D. 9 (1903)
  4. Sachs v. Weinstein208 A.D. 360 (1924)
  5. Miller v. Milligan48 Barb. 30 (N.Y. Sup. Ct. 1866)
  6. Lockenour v. Sides57 Ind. 360 (1877)

Most recent

  1. Sachs v. Weinstein208 A.D. 360 (1924)
  2. Burt v. Smith73 N.E. 495 (N.Y. 1905)
  3. Paul v. Fargo84 A.D. 9 (1903)
  4. Paul v. Fargo82 N.Y.S. 369 (1903)
  5. Lipscomb v. Shofner33 S.W. 818 (Tenn. 1896)
  6. Pope v. Pollock46 Ohio St. (N.S.) 367 (1889)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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