Richardson v. Huston
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Damages, for alleged illegal arrest and imprisonment. Plaintiff had judgment and certain defendants appeal. The facts are stated in the opinion. Evidence on the part of defendants tending to show want of malice, that they were hcting in good faith, or that there was probable cause for the arrest, was admissible under the general denial, and particularly in mitigation of damages.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Damages, for alleged illegal arrest and imprisonment. Plaintiff had judgment and certain defendants appeal. The facts are stated in the opinion. Evidence on the part of defendants tending to show want of malice, that they were hcting in good faith, or that there was probable cause for the arrest, was admissible under the general denial, and particularly in mitigation of damages. Comer, v. Knowles, 17 Kan. 436; Roth v. Smith, 41 111. 314; Livingston v. Burroughs, 33- Mich. 511; Com. v. Cheney, 55 Am. Rep. 448; Rich v.…
1Opinion of the CourtCorson, P. J.
This was an action to recover damages for an alleged illegal arrest and imprisonment of the plaintiff. There was a verdict and judgment for the plaintiff, and the defendants Berdahl, Dybedahl, and Blow appealed.
A brief statement of the pleadings and facts is necessary to a proper understanding of the errors relied on for a reversal of the judgment in this case. The plaintiff, whose husband owned a farm in Minnehaha county on the northerly side of which was a section-line highway, was arrested, as she claimed, *486by order of tbe defendants. The defendants, who were town supervisors, in…
2Cases cited2 opinions
- Demick v. ChapmanNew York Supreme Court · 1814
- Butterworth v. SoperNew York Supreme Court · 1816
3Cited by9 opinions
- Schaffer v. Edward D. Jones & Co.South Dakota Supreme Court · 1996
- Adair v. WilliamsArizona Supreme Court · 1922
- Cullen v. DickinsonSouth Dakota Supreme Court · 1913
- Gamble v. KeyesSouth Dakota Supreme Court · 1915
- Richardson v. DybedahlSouth Dakota Supreme Court · 1900
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