Wagner v. Lathers
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Action for the seduction of plaintiff’s daughter. The defendant was arrested by order of a court commissioner, and appealed from an order of the ■ court refusing to set aside such order of arrest.
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APPEAL from the Circuit Court for Rock County. Action for the seduction of plaintiff’s daughter. The defendant was arrested by order of a court commissioner, and appealed from an order of the ■ court refusing to set aside such order of arrest. The affidavits on which the arrest was ordered, did not state that defendant was “ not a resident of this state,” or that he was “ about to remove therefrom.”* argued that the gist of the action is the loss of service (Nickerson v. Stryker, 10 Johns. 115 ; Bartley v. Richtmeyer, 4 N. Y. 38 ; Bain v. Wycoff, 7 id. 191; Millar v. Thompson, 1 Wend. 447);…
1Opinion of the CourtPaine, J.
This case presents the single question whether, in an action for the seduction of the plain*438tiff’s daughter, the defendant is liable to arrest. This depends entirely upon the question whether that is one of the class of actions in which an arrest is authorized by the statute, inasmuch as otherwise there can be no arrest. Gibbs v. Larrabee, 23 Wis. 495.
It is not contended that it is within the statute unless it can be regarded as an action for “ an injury to the person or character” of the plaintiff. We do not think it can be so regarded. It is clearly not an action for an injury to the…
2Cases cited1 opinion
- Gibbs v. LarrabeeWisconsin Supreme Court · 1868
3Cited by10 opinions
- Koerber v. PatekWisconsin Supreme Court · 1904
- State v. HessWisconsin Supreme Court · 2010
- Lonstorf v. LonstorfWisconsin Supreme Court · 1903
- City of Madison v. Two CrowCourt of Appeals of Wisconsin · 1979
- Wysocki v. Wisconsin Lakes Ice & Cartage Co.Wisconsin Supreme Court · 1905
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