Heckman v. Swartz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oreen County. This action was brought to recover $1,635, alleged to have been obtained from the plaintiff by the defendant, by duress of imprisonment upon a void warrant issued upon complaint of the defendant falsely charging the plaintiff with having- committed the crime of fornication, with one Mary Jane Swartz, the daughter of the defendant, and by threats of future and further prosecutions therefor.
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APPEAL from the Circuit Court for Oreen County. This action was brought to recover $1,635, alleged to have been obtained from the plaintiff by the defendant, by duress of imprisonment upon a void warrant issued upon complaint of the defendant falsely charging the plaintiff with having- committed the crime of fornication, with one Mary Jane Swartz, the daughter of the defendant, and by threats of future and further prosecutions therefor. The case has heretofore been twice before this court: once on an appeal from an order sustaining a demurrer to the complaint, and again on an appeal from an…
1Opinion of the CourtLyom, J.
I. A proposition urged on behalf of the plaintiff will first be considered, as the determination of it has, or may have, an important bearing upon the case. It is alleged in the complaint, and was maintained in argument by counsel for the plaintiff, that neither the Avarrant upon vidiieh. the plaintiff was arrested, nor the complaint upon which it issued, charged any criminal offense, and hence süch Avarrant is void, and the arrest of the plaintiff by virtue of it Avas illegal.
■ The complaint Avas made March 21, 1818, and charges thatthe plaintiff did, on May 20, 18YY, in the toAvn of…
2Cases cited8 opinions
- Schultz v. CulbertsonWisconsin Supreme Court · 1879
- Hutchins v. ShawMassachusetts Supreme Judicial Court · 1850
- Pratt v. BogardusNew York Supreme Court · 1867
- Fay v. OatleyWisconsin Supreme Court · 1858
- Hintz v. StateWisconsin Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wolke v. FlemingWisconsin Supreme Court · 1964
- Jackson v. StateWisconsin Supreme Court · 1895
- Wilbur v. BlanchardIdaho Supreme Court · 1912
- May v. DraperSupreme Court of Alabama · 1929
- Behl v. SchuettWisconsin Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.