123 N.Y.S. 504 | N.Y. App. Div. | 1910
The defendant appeals from an order striking out portions of his answer as scandalous and redundant, and requiring him to make one paragraph thereof .more definite and certain. The action is for damages for false arrest and imprisonment.. The defendant is one of the coroners of the city of New York, and the arrest of which plaintiff complains wás upon a warrant issued by defendant as coroner as the result of an investigation conducted by him as to the probable cause of the death' of one Alice C. D. Kin nan. A coroner is, in certain classes of cases, a magistrate-with power to hold examina
Ingeaham, P. J., McLaughlin, Clabke and Dowling, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.'
See Code. Crim. Proc. § 773 et seq., as amd. by Laws of 1899, chap. 464.— [Rep.