Heckman v. Swartz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green County. Action to recover $1,635 alleged to have been obtained by duress. Plaintiff appealed from an order sustaining a demurrer to the complaint. The complaint sufficiently alleges duress.
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APPEAL from the Circuit Court for Green County. Action to recover $1,635 alleged to have been obtained by duress. Plaintiff appealed from an order sustaining a demurrer to the complaint. The complaint sufficiently alleges duress. Where there is an arrest for an improper purpose without just cause, or an arrest for a just cause but without lawful authority, or an arrest for a just cause and under lawful authority for an improper purpose, and the person arrested pays money for his enlargement, he may be considered as having paid the money by duress o£ imprisonment, and may recover it bach.…
1Opinion of the CourtOrton, J.
The complaint charges, in substance, that the defendant made complaint before a justice, charging the plaintiff with fornication, and obtained a criminal warrant for *269his arrest, and he was arrested and imprisoned in the county jail by the direction and procurement of the defendant, and while- he was so in custody and under duress of imprisonment, and threatened by the defendant with further imprisonment and prosecution for said offense, the defendant proposed to the plaintiff that if he, the plaintiff, would pay him, the defendant, the sum of $1,650, he should be discharged from said…
2Cases cited6 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Brooks v. MartinSupreme Court of the United States · 1864
- Planters' Bank v. Union BankSupreme Court of the United States · 1873
- Kiewert v. RindskopfWisconsin Supreme Court · 1879
- Baehr v. WolfIllinois Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Woodham v. AllenCalifornia Supreme Court · 1900
- Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
- Hurd v. DotyWisconsin Supreme Court · 1893
- Forster v. HillCourt of Appeals for the Sixth Circuit · 1914
- Baldwin v. FlaggNew Jersey Court of Chancery · 1882
3 more not listed; retrieve them via the Exa API.