Madsen v. Hutchison

Kay Madsen and Newell Madsen were placed under arrest on the afternoon of July 6, 1927, by the defendant, acting as sheriff of Teton county, and at 3 P. M. on that day were jailed in the county jail at Driggs. The warrants under which they were taken into custody were in proper statutory form. They commanded the sheriff to arrest the plaintiffs forthwith and bring them before the probate judge of Teton county, or in the case of his absence, before the nearest or most accessible magistrate in the county.

Each party thereafter sued the sheriff and his bondsman for false imprisonment. There are…