Cullen v. Hanisch
Wisconsin Supreme Court
Appeal from a judgment and an order of tbe circuit court for Dodge county: James J. Dice, Circuit Judge. This is an action for damages for malicious prosecution,, commenced November 26, 1900. Tbe complaint alleges, in effect, tbat October 2, 1900, tbe defendant maliciously and without reasonable or probable cause made complaint on oatb before a justice of tbe peace, charging tbe plaintiff with having on tbat day, in tbe city of Waupun, concealed, removed, and driven away a…
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Appeal from a judgment and an order of tbe circuit court for Dodge county: James J. Dice, Circuit Judge. This is an action for damages for malicious prosecution,, commenced November 26, 1900. Tbe complaint alleges, in effect, tbat October 2, 1900, tbe defendant maliciously and without reasonable or probable cause made complaint on oatb before a justice of tbe peace, charging tbe plaintiff with having on tbat day, in tbe city of Waupun, concealed, removed, and driven away a certain brown stallion, named “Suzerain,”' after having conveyed tbe stallion to tbe defendant by chattel mortgage, and…
1Opinion of the CourtCassoday, C. J.
Error is assigned because thq court re^ fused to require tbe plaintiff to give security for costs. The statute provides:
“Any court of record in wbicb a civil action may be pending may, in all cases where it shall appear reasonable and proper, require the plaintiff to give sufficient security for all such costs as may be awarded against him therein.” Sec. 2942, Stats. 1898.
Upon the showing made, the court might properly have granted the defendant’s motion, and required the plaintiff to give security for costs. But the motion was under the statute, as repeatedly construed by this court,…
2Cases cited34 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Thompson v. Beacon Valley Rubber Co.Supreme Court of Connecticut · 1888
29 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Johnson v. Hondo, Inc.Court of Appeals for the Seventh Circuit · 1997
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- State v. RoybalNew Mexico Supreme Court · 1928
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