Legal Opinion

Johnson v. Von Kettler

Illinois Supreme Court

Decided September 15, 1876PublishedCited by 14 opinions

Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. This was an action of trespass, by John H. Yon Kettler against Madison Y. Johnson, for false imprisonment, under color of process, or under an order of the county court, which was claimed to he void. The cause originated in Stephenson county, and was taken to Winnebago county by change of venue.

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Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. This was an action of trespass, by John H. Yon Kettler against Madison Y. Johnson, for false imprisonment, under color of process, or under an order of the county court, which was claimed to he void. The cause originated in Stephenson county, and was taken to Winnebago county by change of venue. A trial was had, resulting in a verdict and judgment in favor of the plaintiff for $300. The defendant appeals.

1Opinion of the CourtJustice Soholfield

This is the third time this case has been before this court. The first time it was reversed because of error in overruling demurrers to the pleas, (Von Kettler v. Johnson, 57 Ill. 109,) and the last time it was reversed because of the admission of improper evidence, and the excessive damages awarded by the verdict, (Johnson v. Von Kettler, 66 Ill. 63.)

It is conceded now, by appellant, that if appellee is entitled to recover at all, the amount of damages, as assessed by the jury, is not excessive; but he insists, that, under the evidence, appellee has no cause of action. Much of appellant’s…

2Cases cited2 opinions

  1. Johnson v. Von KettlerIllinois Supreme Court · 1872
  2. Von Kettler v. JohnsonIllinois Supreme Court · 1870

3Cited by14 opinions

  1. Foley v. FoleyAppellate Court of Illinois · 1895
  2. Watts v. DullIllinois Supreme Court · 1900
  3. Carroll v. ParryCourt of Appeals for the D.C. Circuit · 1919
  4. Jackson v. GlosIllinois Supreme Court · 1911
  5. Delta Bag Co. v. KearnsAppellate Court of Illinois · 1911

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