115 N.Y.S. 196 | N.Y. Sup. Ct. | 1909
Demurrer to complaint for insufficiency. The plaintiff’s action is for malicious prosecution. The complaint alleges that the “ defendant maliciously and without reasonable or probable cause therefor charged plaintiff before one of the city magistrates of the city of Dew York with the crime of blackmail, under section 558 of the Penal Code, and thereupon procured a warrant to be issued for the arrest of the plaintiff; that thereafter, and upon the same day, plaintiff was arrested upon said warrant, and, after a hearing before the said magistrate, was held in bail in the sum of one thousand dollars, and was compelled to be photographed for what is known as the ‘ Bogues’ Gallery,’ subject to inspection by many masked detectives at the police headquarters, and was imprisoned in the City Prison of the city of Dew York for the period of seven days.” It is further alleged that thereafter, after ¡a hearing before the grand jury of the county of Dew York, “the said grand jury declined and refused to find or present an indictment
Demurrer overruled. •