Mudrock v. Killips
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The case is sufficiently stated in the opinion. To the point that the warrant having been directed, in the body thereof, “to the sheriff or any constable of said county,” and not to Joshua Killips in person, it could afford him no protection under a plea of justification, they cited Abbott v. Booth, 5£ Rarb., 646; Barb. Or. Law, 459; 1 Chit. Or. Law, 38; Oomm. v. Foster, 1 Mass. 488.
1Opinion of the CourtTaylor, J.
This is an action for assault and battery alleged to have been committed upon the respondent and his wife by the appellants. Upon the trial in the circuit court the plaintiff had a verdict for $1,000 damages in his favor, and from the judgment entered thereon the defendants appeal to this court.
To the complaint of the plaintiff the defendants answered separately (1) by a general denial; and (2) by justifying the assault and battery in an attempt to arrest the respondent upon a warrant issued against him by a justice of the peace. The evidence shows that William Killips procured from E. J.…
2Cases cited12 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- Loder v. PhelpsNew York Supreme Court · 1834
- Sprague v. BirchardWisconsin Supreme Court · 1853
- Miller v. MunsonWisconsin Supreme Court · 1874
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3Cited by5 opinions
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- Marks v. WrightWisconsin Supreme Court · 1892