Legal Opinion

Hynes v. Jungren

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 9 opinions

Error from Dmis District Gowt. Pause imprisonment, brought by Jungren against EC. P. Hynes and Dmdel McGlea/ry. The petition alleged that in June, 1870, the defendants “ unlawfully assaulted, beat, and maltreated the plaintiff, and imprisoned and kept him in the jail of the city of Junction City for the space of thirty-six hours, without any reasonable or probable cause,” etc.

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Error from Dmis District Gowt. Pause imprisonment, brought by Jungren against EC. P. Hynes and Dmdel McGlea/ry. The petition alleged that in June, 1870, the defendants “ unlawfully assaulted, beat, and maltreated the plaintiff, and imprisoned and kept him in the jail of the city of Junction City for the space of thirty-six hours, without any reasonable or probable cause,” etc. The defendants justified, alleging that McGleary was a constable, and that the imprisonment of plaintiff was upon and in obedience to an order of arrest duly issued in a certain civil action brought by IT. P. Hynes and…

1Opinion of the Court

Tbe opinion of tbe court was delivered by

Brewer, J.:

Jungren sued Hynes and McCleary for false

imprisonment, and recovered a judgment of $550. Tbe imprisonment was an arrest in a civil action for debt, made by McCleary as constable. In such action Hynes and one Stewart were plaintiffs, and Jungren defendant. Hynes was present and assisted tbe constable in making tbe arrest and conveying Jungren to jail. Several errors are alleged, of which tbe more important are these:

i EviaenceImproper answer. A Mrs. Johnson having testified that plaintiff, since the imprisonment, bad been sick a good deal and…

2Cited by9 opinions

  1. Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1872
  2. City of Wyandotte v. GibsonSupreme Court of Kansas · 1881
  3. Stone v. BirdSupreme Court of Kansas · 1876
  4. Mansfield v. William J. Burns International Detective AgencySupreme Court of Kansas · 1918
  5. Focke v. United StatesDistrict Court, D. Kansas · 1982

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