Plath v. Braunsdorff
Wisconsin Supreme Court
APPEAL from tRe Circuit Court for Sheboygan County. On complaint of tRe defendant, a warrant was issued Ry a justice of the peace against the plaintiff’s ward, Rosina Flaig, and she was arrested, brought before the justice, and duly examined on a charge of perjury. The examination resulted in her discharge. This action is to' recover damages for such prosecution, the complaint alleging that it was malicious and without probable cause.
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APPEAL from tRe Circuit Court for Sheboygan County. On complaint of tRe defendant, a warrant was issued Ry a justice of the peace against the plaintiff’s ward, Rosina Flaig, and she was arrested, brought before the justice, and duly examined on a charge of perjury. The examination resulted in her discharge. This action is to' recover damages for such prosecution, the complaint alleging that it was malicious and without probable cause. Special damages are alleged in the complaint as follows: “That at the time of the arrest and examination aforesaid, the said Rosina Flaig was of sound mind, and…
1Opinion of the CourtLyon, J.
1. Some objections were made on the trial to the plaintiff’s right to show that he was the guardian of Rosina Plaig, and to his competency to maintain an action in her behalf. But these objections go only to matters in abatement of the action, and are unavailable to the defendant, because his answer is in bar only. If he desired to contest the right of the plaintiff guardian to bring the action, he should have pleaded the disqualifying matters specially, so that judgment for him would not be a bar to a subsequent action for the same cause pr*operly brought by the ward or in her behalf. That a…
2Cases cited1 opinion
- Dutcher v. DutcherWisconsin Supreme Court · 1876
3Cited by12 opinions
- Randall v. LonstorfWisconsin Supreme Court · 1905
- State v. SwaffordSupreme Court of Iowa · 1896
- Sherburne v. RodmanWisconsin Supreme Court · 1881
- United States v. ShinnUnited States Circuit Court · 1882
- State v. DevittWisconsin Supreme Court · 1978
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