Stuck v. Yates
Indiana Court of Appeals
From Jay Circuit Court; J. M. Smith, Judge. Action by Francis M. Yates against "William I). Stuck and another for damages for an unlawful assault while' making an arrest. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtRobinson, J.
Appellant Stuck was deputized by one Coons, a town marshal, to assist in arresting appellee upon a warrant held by the marshal. Appellee claimed in his complaint that Coons and Stuck went to his home in the night-time, and while he was in bed and asleep, without making known to him the purpose of their visit, they each began to shoot at and towards appellee with revolvers, guns, and pistols, each loaded with powder, leaden balls and cartridges, whereby he was shot and wounded. Appellant Stuck answered the complaint, that he knew Coons was marshal; that he went with Coons, at the latter’s…
2Cases cited11 opinions
- Wenning v. TeepleIndiana Supreme Court · 1895
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. NoftsgerIndiana Supreme Court · 1897
- Roller v. KlingIndiana Supreme Court · 1898
- Chicago, Indianapolis & Louisville Railway Co. v. GloverIndiana Supreme Court · 1900
- Whitworth v. BallardIndiana Supreme Court · 1877
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3Cited by3 opinions
- Turner v. Sheriff of Marion CountyDistrict Court, S.D. Indiana · 2000
- Holliday & Wyon Co. v. O'DonnellIndiana Supreme Court · 1913
- Kuhn v. BowmanIndiana Court of Appeals · 1911