Sherburne v. Rodman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Book County. This action was brought by James Sheriurne, who will be designated as the plaintiff therein, though, in consequence of his death after the trial, the administrator of his estate was substituted as plaintiff. The action was for false imprisonment and malicious prosecution.
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APPEAL from the Circuit Court for Book County. This action was brought by James Sheriurne, who will be designated as the plaintiff therein, though, in consequence of his death after the trial, the administrator of his estate was substituted as plaintiff. The action was for false imprisonment and malicious prosecution. Such prosecution was one for perjury, alleged to have been committed by the present plaintiff as a witness in his own behalf in an action of replevin brought by him against the present defendant. It appears that, on the trial of the prosecution for perjury, it was discovered…
1Opinion of the CourtObtoN, J.
1. The plaintiff was not bound to introduce in evidence the record of the replevin suit in which the perjury was alleged in the complaint of the defendant to have been committed, as such record was not stated in the complaint, but was set up in the answer as a part of the defense. But he saw fit to offer it in evidence, as also the record in the prosecution for perjury, both of which were objected to; and the only ground of such objection urged in this court is, that the papers in such pretended record were not properly attached, so as to be covered by one authentication. We are cited to the…
2Cases cited8 opinions
- McKown v. . HunterNew York Court of Appeals · 1864
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Barton v. KaneWisconsin Supreme Court · 1863
- Plath v. BraunsdorffWisconsin Supreme Court · 1876
- Spain v. HoweWisconsin Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Clark v. AllowayIdaho Supreme Court · 1946
- Runo v. WilliamsCalifornia Supreme Court · 1912
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- Schubkegel v. GordinoCalifornia Court of Appeal · 1943
10 more not listed; retrieve them via the Exa API.