Legal Opinion

Culver v. Burnside

South Dakota Supreme Court

Decided October 18, 1920No. File No. 4735PublishedCited by 10 opinions

Action by J. G. -Culver, aginst George W. Burnside and others, to recover damages for unlawful detention and imprisonment, and for malicious publication of report of his incarceration. From ah order overruling a demurrer to the complaint, defendants Burnside, Pike, Hayes, and Johnston appeal.

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Action by J. G. -Culver, aginst George W. Burnside and others, to recover damages for unlawful detention and imprisonment, and for malicious publication of report of his incarceration. From ah order overruling a demurrer to the complaint, defendants Burnside, Pike, Hayes, and Johnston appeal. (1) To point one of the opinion, Appellants cited: Bebout v. Pense, 31 S. D. 619, 141 N. W. 515. Respondent cited: 8, Encyc. of PI. and Pfac., 844; Strange, v. Hardwood, (Wis.) 177 N. W. 863. (2) To point two, Appellants cited: Sec. 4543, Rev. Code 1919; Vol- 11, R. C. E. p. 791- and cases cited.…

1Opinion of the CourtMcCOY, P. J.

For cause of action plaintiff alleged that on the 27th day of November at the city of Sioux Falls the defendant unlawfully and maliciously and with intent to -injure the plaintiff, by force compelled the plaintiff to go with them to the police station and city jail, and then and there detained and restrained him of his liberty for the space df one hour without any right or authority so to do, and against the will of plaintiff, and then and there unlawfully and maliciously and with intent to injure the plaintiff caused notice of such detention and arrest to be *400widely published in the ¡Sioux…

2Cases cited1 opinion

  1. Neves v. CostaCalifornia Court of Appeal · 1907

3Cited by10 opinions

  1. French v. Dell Rapids Community Hospital, Inc.South Dakota Supreme Court · 1988
  2. Kaufman v. BrownCalifornia Court of Appeal · 1949
  3. Peters v. BigelowCalifornia Court of Appeal · 1934
  4. McGillivray v. SiedschlawSouth Dakota Supreme Court · 1979
  5. Burkland v. BlissSouth Dakota Supreme Court · 1933

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