McAllister v. Kimberly-Clark Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. The plaintiff and three others were arrested upon the charge of having stolen a certain piece of tarpaulin belonging to the defendant Kimberly-Clark Company at its plant in the village of Niagara, Marinette county.
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Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. The plaintiff and three others were arrested upon the charge of having stolen a certain piece of tarpaulin belonging to the defendant Kimberly-Clark Company at its plant in the village of Niagara, Marinette county. Upon the hearing before the justice two of the defendants so charged pleaded guilty, and the case was then dismissed as to plaintiff and the other defendant at the suggestion of the justice of the peace. The complaint was sworn to by the defendant Stridde, who was resident…
1Opinion of the CourtEschweiler, J.
Defendants set up as a defense that at the time of the swearing to the complaint before the justice of the peace upon which the criminal proceedings were prosecuted the defendants had probable cause to believe and did honestly believe that the plaintiff was guilty of the crime charged in such complaint. They insist that, there being no substantial dispute upon the facts, so far at least as they relate to such defense, there was such a situation presented as properly required the trial court, and now this court, to say that such defense was sustained as a matter of law.
The defendant Stridde…
2Cases cited10 opinions
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- Brown v. SwinefordWisconsin Supreme Court · 1878
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- Chicago City Railway Co. v. HenryIllinois Supreme Court · 1871
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3Cited by23 opinions
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