Kelsey v. Klabunde

Irvine, C.

This was an action for false imprisonment against Henry Kelsey, a justice of the peace, William Poppenhagen, a constable, and the sureties on their respective-bonds, by August Klabunde. The plaintiff had judgment, by virtue of a peremptory instruction to the jury.

One Tittenbach recovered judgment against Bernhard' Klabunde and Ernst Klabunde before Justice Kelsey. It is suggested that it is not shown that the justice had jurisdiction of the case, but the transcript in evidence discloses that there was personal service of summons on both defendants. An execution on this judgment…