Legal Opinion

Brushaber v. Stegemann

Michigan Supreme Court

Decided January 12, 1871PublishedCited by 11 opinions

Error 'to Wayne Circuit. This was an action brought by John Stegemann in the Circuit Court for the County of Wayne, against Henry Brushaber and John Brushaber for false imprisonment. The declaration contained the usual count for an assault and battery. The defendants pleaded the general issue.

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Error 'to Wayne Circuit. This was an action brought by John Stegemann in the Circuit Court for the County of Wayne, against Henry Brushaber and John Brushaber for false imprisonment. The declaration contained the usual count for an assault and battery. The defendants pleaded the general issue. On the trial the jury found a verdict for the plaintiff for two hundred dollars; and the judgment entered on a verdict is brought into this court by writ of error; the questions for review arising upon the rulings and charge of the court.

1Opinion of the Court

Campbell, Ch. J.

Stegemann sued the Brushabers for assault and false imprisonment without reasonable . or probable cause. The false imprisonment complained of was that they had compelled him to go with them' to the police office, under pretense of charging him with a felonious assault on his wife, who was their sister.

Henry Brushaber, having taken the stand and testified on his own behalf, was asked, on cross-examination, a series of *268questions referring to his opposition to his sister’s marriage; his sale to Stegemann, before the marriage, of property afterwards conveyed by Stegemann to his…

2Cited by11 opinions

  1. Hamilton v. SmithMichigan Supreme Court · 1878
  2. Hebrew v. PulisSupreme Court of New Jersey · 1906
  3. Bonkowski v. Arlan's Department StoreMichigan Court of Appeals · 1968
  4. Whitman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1911
  5. Town of Hamden v. CollinsSupreme Court of Connecticut · 1912

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