Grab v. Lucas
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto county: W. B. Quinxae-, Circuit Judge. Action for false imprisonment. Two years before its commencement Zierath and Magnin caused the plaintiff to be arrested on a civil warrant and brought before the defendant Van Vuren, who was a justice of the peace. The defendant Mars acted as attorney for Zierath and Magrvin, and the defendant Lucas was a constable, who arrested the plaintiff and brought him before the justice.
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Appeal from a judgment of the circuit court for Oconto county: W. B. Quinxae-, Circuit Judge. Action for false imprisonment. Two years before its commencement Zierath and Magnin caused the plaintiff to be arrested on a civil warrant and brought before the defendant Van Vuren, who was a justice of the peace. The defendant Mars acted as attorney for Zierath and Magrvin, and the defendant Lucas was a constable, who arrested the plaintiff and brought him before the justice. Plaintiff desired a continuance, and tendered a bond — insufficient under the statute. The justice required him to give á…
1Opinion of the CourtViNjn, J.
No claim is made that the civil warrant was .not properly issued nor that plaintiff was not lawfully arrested thereon, but it is urged that the defendants Zierath and Magnin, being present before the'justice at the time the bond was required to be given, must be held to have participated in the illegal demand for a bond in excess of the statutory requirement. In the bond tendered, the surety agreed to secure the appearance of the plaintiff at the adjourned day, but *506did not agree to pay if such appearance was not secured. In the bond demanded, the surety was required to pay if plaintiff did…
2Cases cited3 opinions
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- In re KindlingWisconsin Supreme Court · 1875
- Gebhardt v. HolmesWisconsin Supreme Court · 1912