Legal Opinion

Culver v. Burnside

South Dakota Supreme Court

Decided November 28, 1922No. File No. 5149PublishedCited by 3 opinions

Appeal from 'Circuit Court, Minnehaha County; Hon. L. D-Finger, Judge. Action by J. G. Culver against George W. Burnside and others. From a judgment and1 order in favor of defendants, plaintiff appeals.

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Appeal from 'Circuit Court, Minnehaha County; Hon. L. D-Finger, Judge. Action by J. G. Culver against George W. Burnside and others. From a judgment and1 order in favor of defendants, plaintiff appeals. Appellant cited: State v. Brown (S. D.), 167 N. W. 400; Sec. 10329, Sec. 10336, Code 1919 ; Gamble v. Keyes (S. D.), 153 N. W. 888; Pinkerton v. Verberg, '44 N. W. 579. Respondents cited: Sec. 7, Ordinance No. 800, City of Sioux Falls; City of Sioux Falls v. Walser (S. D.), 187 N. W. 821; Sec. 10299, Code 1919; State v. Madison,. 23 S. D. 584; Sec. 10278, Cod'e 1919, as amended by Raws 1919,…

1Opinion of the CourtPolley, J.

This cause was formerly here on appeal from' an order overruling a demurrer to1 the complaint, and is reported in.43 S. D. 398, 179 N. W. at'page 490.

The action was brought for the recovery • of damages for false imprisonment. Plaintiff alleges in his complaint that the defendants unlawfully, maliciously, by force and with' intent to injure plaintiff, compelled him to go with them1 to the police station in the city of Sioux Falls, and there detained him - and restrained him of his liberty^ for the period of one hour without any right or authority so to do; and that defendants willfully and…

2Cited by3 opinions

  1. Klingler v. United StatesCourt of Appeals for the Eighth Circuit · 1969
  2. Bullington v. StateCourt of Criminal Appeals of Oklahoma · 1927
  3. Ralph Leroy Klingler v. United StatesCourt of Appeals for the Eighth Circuit · 1969

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