Stittgen v. Rundle
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. This action was brought against Patrick J. G-leason and JEJ. JK. Rundle to recover damages for an alleged false imprisonment.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. This action was brought against Patrick J. G-leason and JEJ. JK. Rundle to recover damages for an alleged false imprisonment. The arrest is said to have been 'without cause and without process of law. ' The defendants answered, alleging that Gleason was a police officer of the city of Milwaukee; that plaintiff committed a breach of the peace, and that Bundle and one Wolfert informed Gleason of the fact, and thereupon he arrested plaintiff. Henry Wolfert was named as defendant, but was not served. At the…
1Opinion of the CourtBardeen, J.
Some twenty different exceptions were taken to the charge of the court at the trial, but the only ones relied on by appellant are printed in his brief as follows: “ A constable or police officer is a conservator of the peace, and has the right to arrest persons for a breach of the peace committed in his view, but he has no right to arrest one who has committed a breach of the peace concerning which he (the officer) has merely the information of third persons, and which was not committed in his view.” “ So, in this case, I instruct you that the evidence is uncontradicted that the arrest of the…
2Cases cited4 opinions
- In re WayMichigan Supreme Court · 1879
- Pettit v. MayWisconsin Supreme Court · 1874
- Cox v. City of St. LouisSupreme Court of Missouri · 1848
- Horn v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
3Cited by20 opinions
- Commonwealth v. ReevesSuperior Court of Pennsylvania · 1972
- Allen v. StateWisconsin Supreme Court · 1924
- Radloff v. National Food Stores, Inc.Wisconsin Supreme Court · 1963
- Gunderson v. StruebingWisconsin Supreme Court · 1905
- Davey v. City of JanesvilleWisconsin Supreme Court · 1901
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