Lueck v. Heisler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. The action is for false imprisonment and for malicious prosecution. The plaintiff owed a small debt for goods to a firm of which the defendant Heisler was a member. On October 25, 1892, Heisler made a complaint to a justice of the peace, whereby he intended and attempted to charge the plaintiff with the crime of having obtained such goods by means of false pretenses.
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APPEAL from the Circuit Court for Waushara County. The action is for false imprisonment and for malicious prosecution. The plaintiff owed a small debt for goods to a firm of which the defendant Heisler was a member. On October 25, 1892, Heisler made a complaint to a justice of the peace, whereby he intended and attempted to charge the plaintiff with the crime of having obtained such goods by means of false pretenses. The justice issued a warrant upon such complaint, which he placed in the hands of the defendant Sehluekebier, who was a deputy sheriff, to be served. Sehluekebier arrested the…
1Opinion of the CourtNewman, J.
Process fair and regular on its face protects the officer who serves it. The converse also is true. Process which is not fair and regular upon its face does not protect the officer who serves it. To be fair and regular upon its face, process must at least contain in some form, however informal and abbreviated, substantially an accusation of a criminal offense. It must state an offense at least colorably, or it is void. Hall v. Rogers, 2 Blackf. 429; Baldwin v. Hamilton, 3 Wis. 747; Gelzenleuchter v. Niemeyer, 64 Wis. 316; Frazier v. Turner, 76 Wis. 562. Certaihly, then, it cannot be deemed to…
2Cases cited17 opinions
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