Blair v. Cary
Wisconsin Supreme Court
APPEAL EROM CIRCUIT COURT, WALWORTH COUNTY. This action was brought by Gaylord Blair for false imprisonment, upon a state of facts detailed in re Gaylord Blair, A Wis., 522; and also in Gunn et al. vs. Blair, reported in this volume, Supra, 352. The particular facts upon which this appeal is founded are detailed in the opinion of the court.
1Opinion of the Court
By the Court,
Paine, J.
This was an action of trespass, commenced by capias, under the old system of practice. Ail order holding the defendant to bail was procured, and the writ issued, delivered to the sheriff of Walworth county, and returned non est inventus. The code then went into effect, and the plaintiff issued a summons with a clause similar to that inserted in alias writs, conceiving it to be a proper continuation of the process in the suit. This was served on the defendant, and he appeared and moved to set it aside, which motion was denied. He then answered, and, among other things,…
2Cases cited7 opinions
- Soulden v. Van RensselaerNew York Supreme Court · 1830
- Baskins v. WilsonNew York Supreme Court · 1826
- Sherman v. BarnesSupreme Court of Connecticut · 1830
- Bank of Orange County v. HaightNew York Supreme Court · 1835
- Ontario Bank v. RathbunNew York Supreme Court · 1838
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3Cited by2 opinions
- Eisentraut v. CorneliusWisconsin Supreme Court · 1911
- Pierce v. KneelandWisconsin Supreme Court · 1861