Wagstaff v. Schippel
Supreme Court of Kansas
Error from Saline District Court. Action brought by Wagstaff against Schippel, to recover damages for an imprisonment alleged to be wrongful. December 13,1880, the court overruled plaintiff’s motion fora new trial, and rendered judgment against him for costs. Wagstaff brings the case here. The facts are sufficiently stated in the opinion. The petition in this case in the court below states a cause of action both for false imprisonment and malicious prosecution.
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Error from Saline District Court. Action brought by Wagstaff against Schippel, to recover damages for an imprisonment alleged to be wrongful. December 13,1880, the court overruled plaintiff’s motion fora new trial, and rendered judgment against him for costs. Wagstaff brings the case here. The facts are sufficiently stated in the opinion. The petition in this case in the court below states a cause of action both for false imprisonment and malicious prosecution. (Clay v. Bauer, 8 Kas. 580; 18 Ind. 161.) The evidence was ample to sustain the action for false imprisonment, for the complaint upon…
1Opinion of the Court
The opinion of the court was delivered by
'Bkeweb, J.:
This was an action brought by plaintiff in error, plaintiff below, to recover damages for an alleged wrongful imprisonment. In his petition plaintiff alleged that defendant was prosecuting witness in a criminal prosecution brought under § 1, ch. 113, Comp. Laws of 1879. He set out copies of the complaint and warrant, and further alleged that the prosecution was without probable cause, and malicious. He thus claims to have set forth in his petition an illegal arrest and detention under such circumstances as to *454■constitute both an action of…
2Cases cited14 opinions
- McCutcheon v. PeopleIllinois Supreme Court · 1873
- Malone v. MurphySupreme Court of Kansas · 1864
- Redmond v. StateSupreme Court of Kansas · 1873
- Jamison v. BurtonSupreme Court of Iowa · 1876
- Murphy v. WaltersMichigan Supreme Court · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Schippel v. NortonSupreme Court of Kansas · 1888
- State v. BrownSupreme Court of Kansas · 1888
- City of Hays v. SchuelerSupreme Court of Kansas · 1920
- Vennum v. HustonNebraska Supreme Court · 1893
- State v. RennakerSupreme Court of Kansas · 1907
4 more not listed; retrieve them via the Exa API.