Winn v. Peckham
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Monroe County. Action to recover damages for an alleged malicious prosecution of the plaintiff, by the defendant, for perjury. The testimony on the trial tended to show the following facts: A son of the plaintiff brought an action against a school district of which the defendant was an officer, on a contract to make certain repairs on the district school-house.
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APPEAL from tbe Circuit Court for Monroe County. Action to recover damages for an alleged malicious prosecution of the plaintiff, by the defendant, for perjury. The testimony on the trial tended to show the following facts: A son of the plaintiff brought an action against a school district of which the defendant was an officer, on a contract to make certain repairs on the district school-house. On the trial of that action, this plaintiff and a son of the defendant were witnesses. Subsequently, the parties to this action and several other persons came together to assist in erecting a log barn…
1Opinion of the CourtLyon, J.
1. On the trial of this action, the plaintiff intro*498duced in evidence a copy of the record in the prosecution against him for perjury, duly certified by the clerk of the circuit court for Crawford county, including the warrant issued by the justice and the subsequent proceedings before him, hut not including the complaint upon which the warrant was issued. It is objected that the recital in the warrant that the complaint was made-by the defendant, is insufficient proof of the fact.
It may he that the complaint, or a certified copy of it, is the only admissible documentary evidence to establish,…
2Cases cited4 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Birchard v. BoothWisconsin Supreme Court · 1856
- Skidmore v. BrickerIllinois Supreme Court · 1875
- State v. CraneWisconsin Supreme Court · 1856
3Cited by9 opinions
- Coleman v. AllenSupreme Court of Georgia · 1888
- Luby v. BennettWisconsin Supreme Court · 1901
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Eggett v. AllenWisconsin Supreme Court · 1903
- Sexson v. HooverIndiana Court of Appeals · 1891
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