Frazier v. Turner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marquette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: Action to recover damages for alleged false imprisonment. On the trial in the court below the plaintiff recovered, and from the judgment rendered in his favor the defendants Martha M. Turner and David Turner appeal to this court.
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APPEAL from the Circuit Court for Marquette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: Action to recover damages for alleged false imprisonment. On the trial in the court below the plaintiff recovered, and from the judgment rendered in his favor the defendants Martha M. Turner and David Turner appeal to this court. Martha E. Turner in her answer denied malice and participation in the arrest made, setting forth that she simply made her complaint to the justice who issued the writ, and that in so making complaint she acted upon the…
1Opinion of the CourtTaylob, J.
On this appeal it is contended by the learned counsel for the plaintiff and respondent that the complaint *565and warrant do not state facts sufficient-to show that the plaintiff had committed any crime known to the law; that the warrant was absolutely void upon its face, and was therefore no justification to the officer serving the same for making the arrest complained of; and it is also insisted that there is sufficient evidence to show that the appellants, Martha E- and David Turner, directed the officer serving such void warrant to make such arrest, and are therefore liable in the law for…
2Cases cited4 opinions
- Steuer v. StateWisconsin Supreme Court · 1884
- Gelzenleuchter v. NiemeyerWisconsin Supreme Court · 1885
- State v. DanielsSupreme Court of Missouri · 1862
- Johnson v. StateTexas Supreme Court · 1861
3Cited by8 opinions
- Lueck v. HeislerWisconsin Supreme Court · 1894
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- Robertson v. ParkerWisconsin Supreme Court · 1898
- Young v. GormleySupreme Court of Iowa · 1903
- Heller v. ClarkeWisconsin Supreme Court · 1904
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