Olson v. Horton Motor Co.
North Dakota Supreme Court
Appeal from the District Court of Ransom County, North Dakota, McKenna, J. “Arrest under a warrant, valid in form, issued by competent authority on a sufficient complaint, is not false imprisonment, though the indictment under which the warrant issued was procured maliciously and by artifice and misrepresentation, for the purpose of extorting money. The proper remedy is not an action for false imprisonment, but for malicious prosecution.
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Appeal from the District Court of Ransom County, North Dakota, McKenna, J. “Arrest under a warrant, valid in form, issued by competent authority on a sufficient complaint, is not false imprisonment, though the indictment under which the warrant issued was procured maliciously and by artifice and misrepresentation, for the purpose of extorting money. The proper remedy is not an action for false imprisonment, but for malicious prosecution. Judglment (C. C. A. 1896) 77 Fed. 271, affirmed. Whitten v. Bennett, 86 Fed. 405; 30 C. C. A. 140. The complaint being sufficient to give the magistrate…
1ConcurrenceBirdzEll, J.
I concur in the reversal of the judgment on account of the errors committed in the submission of- the casé for a special verdict. These errors are of the same character as those involved in Daniels v. Payne, 182 N. W. 1010, which case seems to be followed, though condemned, in the principal opinion herein. It is for the reasons stated in the opinion in Daniels v. Payne, which are also applicable to the case at bar, that I concur in the reversal of the judgment.
2Cases cited1 opinion
- Daniels v. PayneNorth Dakota Supreme Court · 1921