Olson v. Horton Motor Co.
North Dakota Supreme Court
Appeal from the District Court of Ransom County, North Dakota, McKenna, J. “Arrest under a warrant, valid in form, issued by competent authority on a sufficient complaint, is not false imprisonment, though the indictment under which the warrant issued was procured maliciously and by artifice and misrepresentation, for the purpose of extorting money. The proper remedy is not an action for false imprisonment, but for malicious prosecution.
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Appeal from the District Court of Ransom County, North Dakota, McKenna, J. “Arrest under a warrant, valid in form, issued by competent authority on a sufficient complaint, is not false imprisonment, though the indictment under which the warrant issued was procured maliciously and by artifice and misrepresentation, for the purpose of extorting money. The proper remedy is not an action for false imprisonment, but for malicious prosecution. Judglment (C. C. A. 1896) 77 Fed. 271, affirmed. Whitten v. Bennett, 86 Fed. 405; 30 C. C. A. 140. The complaint being sufficient to give the magistrate…
1Opinion of the CourtGrace, C. J.
This action is one where plaintiff recovered judgment for $1,500 against the three defendants, Horton, Kirby, and Martincka, as officers, servants, agents, and employees of the Plorton Motor Company, for damages for false arrest and imprisonment.
The complaint, in substance, charges that the defendants conspired together to cause his unlawful arrest and imprisonment. At the close of plaintiff’s case the action against the Horton Motor Company was dismissed and the case submitted to the jury on a special verdict as to the three defendants above named. Damages were fixed at the amount above…
2Cases cited10 opinions
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Morrison v. LeeNorth Dakota Supreme Court · 1904
- Russell v. MeyerNorth Dakota Supreme Court · 1898
- Udell v. Citizens Street RailroadIndiana Supreme Court · 1899
- Lathrop v. Fargo-Moorhead Street Railway Co.North Dakota Supreme Court · 1912
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