Stromberg v. Hansen

Wilson, G. J.

Plaintiff appealed from an order denying his motion for a new trial.

The action is for false imprisonment. Plaintiff’s indebtedness to a bank secured by chattel mortgage was due. The bank’s demand for possession of the chattels was refused. Eeplevin papers were put in the hands of the defendant Clay W. Evans, a deputy sheriff, the defendant Hansen being the sheriff. The verdict establishes the fact that plaintiff refused the demand made under the replevin papers. He threatened to shoot Evans if he performed his official duty. Thereupon, at about one o’clock p. m. Evans, with the…