Plummer v. Johnsen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The facts are sufficiently stated in the opinion. To the point that the instruction asked as to when a private person is justified in making an arrest without warrant was correct, they cited Samuel v. Payne, 1 Doug. 359; BecJcwith v. Pkilby, 13 Eng.
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APPEAL from the Circuit Court for Portage County. The facts are sufficiently stated in the opinion. To the point that the instruction asked as to when a private person is justified in making an arrest without warrant was correct, they cited Samuel v. Payne, 1 Doug. 359; BecJcwith v. Pkilby, 13 Eng. C. L. 287 (6 B. & C. 635); Davis v. Russell, 15 id. 463 (5‘ Bing. 354); Broolcway v. Orawford, 3 Jones, Law, 433: Allen v. Wright, 8 Car. & P. 522; llenóle v. McGregor, 32 N. J. Law, 10; Ilolley v. Mix, 3 Wend. 350; Burns v. Erben, 40 N. Y. 466; BrooJcs v. Comm. 61 Pa. St. 352; Benham v. Vernon, 14…
1Opinion of the CourtOetoN, J.
This is an action of slander against the defendant for speaking the words, “ he (meaning the plaintiff) is the man who helped burglarize and rob my house.” The answer is, in effect, that defendant’s house had been burglarized and property therein stolen, and that he believed the plaintiff did it, and if he spoke the words they were true and the speaking of them lawful. The answer then states the circumstances which justified the defendant’s suspicion of the plaintiff in respect to that crime, and denies malice and that the plaintiff was injured. The jury found for the plaintiff $500 damages.
Th…
2Cases cited8 opinions
- People v. BurtMichigan Supreme Court · 1883
- Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Farnam v. . FeeleyNew York Court of Appeals · 1874
- Campbell v. CampbellWisconsin Supreme Court · 1882
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3Cited by4 opinions
- United States v. Roy L. McCoyCourt of Appeals for the Seventh Circuit · 1975
- Candrian v. MillerWisconsin Supreme Court · 1898
- Barton v. BruleyWisconsin Supreme Court · 1903
- Galveston, Harrisburg & San Antonio Railway Co. v. StateTexas Supreme Court · 1891