Diers v. Mallon
Nebraska Supreme Court
Error from the district court of Dodge county. Tried below before Marshall, J. The opinion contains a statement of the case. The sheriff is liable for the use of excessive force or violence whether inflicted wantonly or otherwise. {Krug v. Ward, 77 Ill., 603; Blythe v. Tompkins, 2 Abb. Pr. [N. Y.], 468; Parsons v. Harper, 16 Gratt. [Ya.], 64; Fox-hall v. Barnett, 22 Eng.
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Error from the district court of Dodge county. Tried below before Marshall, J. The opinion contains a statement of the case. The sheriff is liable for the use of excessive force or violence whether inflicted wantonly or otherwise. {Krug v. Ward, 77 Ill., 603; Blythe v. Tompkins, 2 Abb. Pr. [N. Y.], 468; Parsons v. Harper, 16 Gratt. [Ya.], 64; Fox-hall v. Barnett, 22 Eng. L. Eq., 179.) Plaintiff’s character is in issue, and if known to defendant, may be proved to show a want of probable cause. (Israel v. Brooks, 23 Ill., 575; Hirsoh v. Feeney, 83 Ill., 548; McIntire v. Levering, 148 Mass.,…
1Opinion of the CourtNorval, C. J.
This was an action for false arrest and imprisonment by Herman Diers against James P. Mallon, as principal, E. William and others, as sureties on the official bond of said Mallon, as sheriff of the county of Dodge. There was a verdict for the defendants, a new trial was denied, and judgment was entered upon the verdict. Plaintiff prosecutes error.
The facts in the case, as disclosed by the record before us, are, in substance, as follows: On the 10th day of December, 1889, one Carlos F. Pulsifer was murdered near the village of Crowell, in Dodge county. A day or two later the defendant sheriff…
2Cases cited17 opinions
- Burns v. . ErbenNew York Court of Appeals · 1869
- Hamilton v. SmithMichigan Supreme Court · 1878
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Dœring v. StateIndiana Supreme Court · 1874
- Boyd v. CrossCourt of Appeals of Maryland · 1872
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- Nelson v. HalvorsonSupreme Court of Minnesota · 1912
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