King v. Johnston
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca, County. The complaint alleges, in effect, that the plaintiff was, November 6, 1890, the lessee of certain rooms in Smith’s block in New London, wherein the New London Times was published, and entitled to the possession thereof; that on that day, at New London, the defendants wrongfully, maliciously, and without reasonable or probable cause procured a warrant charging the plaintiff with having committed the crime of burglary by…
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APPEAL from the Circuit Court for Waupaca, County. The complaint alleges, in effect, that the plaintiff was, November 6, 1890, the lessee of certain rooms in Smith’s block in New London, wherein the New London Times was published, and entitled to the possession thereof; that on that day, at New London, the defendants wrongfully, maliciously, and without reasonable or probable cause procured a warrant charging the plaintiff with having committed the crime of burglary by breaking and entering said office on the day named; that said warrant was served by some person unknown to the plaintiff, who…
1Opinion of the CourtOassoday, J.
The complaint does not state a cause of action for false imprisonment, since it fails to allege facts showing that the arrest was extra-judicial or without legal process. Murphy v. Martin, 58 Wis. 276; Gelzenleuchter v. Niemeyer, 64 Wis. 321. The complaint does not state a cause of action for malicious prosecution, since it fails to allege facts showing that the criminal action had been determined. Woodworth v. Mills, 61 Wis. 44; West v. Hayes, 104 Ind. 251; Lowe v. Wartman, 47 N. J. Law, 413; Comm. v. McClusky, 151 Mass. 488; 14 Am. & Eng. Ency. of Law, 28, 42, and cases there cited. There…
2Cases cited7 opinions
- Antcliff v. JuneMichigan Supreme Court · 1890
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Murphy v. MartinWisconsin Supreme Court · 1883
- Emery v. GinnanAppellate Court of Illinois · 1887
- Gelzenleuchter v. NiemeyerWisconsin Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bergeron v. PeytonWisconsin Supreme Court · 1900
- Just v. Martin Bros. Co.South Dakota Supreme Court · 1916
- Strehlow v. PettitWisconsin Supreme Court · 1897
- Messman v. IhlenfeldtWisconsin Supreme Court · 1895
- Kredit v. RyanSouth Dakota Supreme Court · 1942
3 more not listed; retrieve them via the Exa API.