Gillett v. Thiebold
Supreme Court of Kansas
Error from Leavenworth, Listriet Gowrt. Action for false imprisonment, brought by Thiebold' against Gillett. The facts are sufficiently stated in the opinion.. The case was tried at the September Term 1871. The jury found for the plaintiff, and assessed his damages at $300.. New trial refused, and judgment on the verdict—and Gillett brings the case here on error.
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Error from Leavenworth, Listriet Gowrt. Action for false imprisonment, brought by Thiebold' against Gillett. The facts are sufficiently stated in the opinion.. The case was tried at the September Term 1871. The jury found for the plaintiff, and assessed his damages at $300.. New trial refused, and judgment on the verdict—and Gillett brings the case here on error. The alleged false imprisonment was upon process issued by a justice of the peace in a. .civil action wherein Gillett was plaintiff, and Thiebold was .defendant. 1. The magistrate determined judicially to issue the order of arrest. He…
1Opinion of the Court
'The opinion of the court Avas delivered by
Brewer; J.:
This Avas an action of false imprisonment. On the 4th of January 1871 Gillett sued Thiebold before a justice of the .peace. He filed Avith the justice the folloiving .affidavit:
[Title, and Venue.] “Henry W. Gillett makes oath that the claim in this action is on account for liquors sold for $137.25; and he also makes oath that the claim is just, and .that Henry W. Gillett, the plaintiff, ought to recover the *431amount of $137.25; lie also makes oath that the said Jack Thiebold, the defendant, has disposed of his property with intent to defraud…
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