Yancey v. Brenneman
District Court, D. Alaska
Criminal. Plaintiff sued defendants asking-damages for alleged false imprisonment. His complaint alleges that Brenneman is United States marshal of the Third division of Alaska, and Kavanaugh his deputy at McCarthy.
Read the full summary
Criminal. Plaintiff sued defendants asking-damages for alleged false imprisonment. His complaint alleges that Brenneman is United States marshal of the Third division of Alaska, and Kavanaugh his deputy at McCarthy. It charges that— “On the 22d day of September,' 1921, at Blackburn, in the McCarthy recording precinct, Third judicial division of the territory of Alaska, defendant F. R. Brenneman, acting by and through his deputy, said defendant H. C. Kavanaugh, and said Kavanaugh, acting by virtue of his office of deputy United States marshal, unlawfully and without reasonable or probable…
1Opinion of the Court
RITCHIE, District Judge.
Two issues of law are raised by the demurrers: First. Does the complaint state a cause of action against either defendant? Second. Does it state a cause of action against defendant Brenneman ? It seems to me that both questions must be answered in the negative.
Plaintiff’s counsel ■ rely upon the fact that the complaint closely follows forms given in Estee’s, Sutherland’s, and Win-slow’s pleadings, which have been approved by Supreme Court decisions in Minnesota, South Dakota, Alabama, and some other states.
The first contested point in the complaint is the allegation…
2Cases cited11 opinions
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- Murphy v. MartinWisconsin Supreme Court · 1883
- Going v. DinwiddieCalifornia Supreme Court · 1890
- Barker v. AndersonMichigan Supreme Court · 1890
- Triscony v. BeasleyCalifornia Supreme Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wilson v. EberleDistrict Court, D. Alaska · 1954