Legal Opinion

Tefft v. Ashbaugh

Illinois Supreme Court

Decided June 15, 1852PublishedCited by 5 opinions

This cause was heard before Wilson, Judge, and a jury, at May term, 1852, of the Kane Circuit. Court. The facts of the case will be found in the opinion of the court. Tefft appealed.

1Opinion of the CourtTreat, C. J.

This was an action of trespass, for false imprisonment, brought by Ashbaugh against Tefft, Heath, and Vining. The latter was not served with process. The other defendants filed a plea of not guilty, and also a special plea of justification. On the trial, the plaintiff proved by the jailer of the county, that he received the plaintiff from Heath, and retained him in custody for six or eight days, when he was discharged on habeas corpus; that Heath was at the time a constable, and held the plaintiff under a writ of capias ad satisfaciendum; that witness subsequently had a conversation with…

2Cited by5 opinions

  1. People ex rel. Wayman v. ZimmerIllinois Supreme Court · 1911
  2. Murphy v. CobbSupreme Court of Colorado · 1880
  3. Davis v. WilsonIllinois Supreme Court · 1872
  4. Sample v. BroadwellIllinois Supreme Court · 1877
  5. Marshall v. HuntAppellate Court of Illinois · 1900

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