Legal Opinion

Scheer v. Keown

Wisconsin Supreme Court

Decided January 15, 1872PublishedCited by 11 opinions

APPEAL from tbe Circuit Court for Washington County. Action by Ferdinand Scheer and Albertine, bis wife, to recover damages for tbe alleged false imprisonment, by tbe defendant, of tbé plaintiff A Ibertine Scheer.

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APPEAL from tbe Circuit Court for Washington County. Action by Ferdinand Scheer and Albertine, bis wife, to recover damages for tbe alleged false imprisonment, by tbe defendant, of tbé plaintiff A Ibertine Scheer. Tbe defendant made complaint in writing on oath to a justice of tbe peace, charging therein that “ Sophia Sberr (alias') and Maria Hopf (aims)” at a time and place therein named, stole a quantity of -wool of a specified value, the same being the property of the defendant. A warrant was thereupon issued by the justice for the arrest of the accused, and, by the direction of the…

1Opinion of the CourtLyoN, J.

The defendant probably attempted to prosecute the plaintiff, Mrs. Scheer, for the larceny of the wool, by a fictitious name. And if he did. not Imow her name, it is probable that it was competent for him to do so. But in such case the fact that her name was unknown should have been stated in the complaint and warrant, and the best description of the person prosecuted, which the nature of the case would allow, should have been given therein; as “a woman whose name is unknown to the complainant,1 but who resides in the town of -with one A.- B,” or, “ who is the wife of A. B.,” and the like.…

2Cases cited4 opinions

  1. Griswold v. SedgwickNew York Supreme Court · 1826
  2. Gurnsey v. LovellNew York Supreme Court · 1832
  3. Scott v. ElyNew York Supreme Court · 1830
  4. Mead v. HawsNew York Supreme Court · 1827

3Cited by11 opinions

  1. Albrecht v. United StatesSupreme Court of the United States · 1927
  2. Rodney Washington v. Gary BoughtonCourt of Appeals for the Seventh Circuit · 2018
  3. Commonwealth v. DixonMassachusetts Supreme Judicial Court · 2010
  4. State v. DabneyCourt of Appeals of Wisconsin · 2003
  5. Gelzenleuchter v. NiemeyerWisconsin Supreme Court · 1885

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