Messman v. Ihlenfeldt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kewau-nee county: N. S. G-ilsoN, Circuit Judge. Tlie complaint states two causes of action,— one for malicious prosecution, one for false imprisonment. It appears that in the fall of the year 18S9 the defendant and two of Ms neighbors lost about thirty head of cattle. They believed that they had been poisoned, and suspected the plaintiff’s brother of being the poisoner.
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Appeal from a judgment of the circuit court for Kewau-nee county: N. S. G-ilsoN, Circuit Judge. Tlie complaint states two causes of action,— one for malicious prosecution, one for false imprisonment. It appears that in the fall of the year 18S9 the defendant and two of Ms neighbors lost about thirty head of cattle. They believed that they had been poisoned, and suspected the plaintiff’s brother of being the poisoner. They consulted the district attorney and his law partner on the subject of commencing a prosecution. They were advised that they had not sufficient evidence to warrant such a…
1Opinion of the CourtNewMAN, J.
Whether any cause of action for false imprisonment was shown depends on whether the warrant was valid on its face. Murphy v. Martin, 58 Wis. 276; Gelzenleuchter v. Niemeyer, 64 Wis. 316; King v. Johnston, 81 Wis. 578. The warrant was regular and valid on its face. Sec. 4740, E. S., provides that the warrant shall direct the officer “ .forthwith to arrest the accused, and bring him before such justice, or some other justice of the samie cou/rtt/y, to be dealt with according to law.” Sec. 4776 is to the same effect. Either section authorizes a warrant to be made returnable in the same manner as…
2Cases cited7 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Murphy v. MartinWisconsin Supreme Court · 1883
- Bigelow v. SicklesWisconsin Supreme Court · 1891
- Gelzenleuchter v. NiemeyerWisconsin Supreme Court · 1885
- Sherburne v. RodmanWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jackson v. StateWisconsin Supreme Court · 1895
- Elmer v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1950
- King v. Apple River Power Co.Wisconsin Supreme Court · 1907
- Cullen v. HanischWisconsin Supreme Court · 1902
- Manz v. KlippelWisconsin Supreme Court · 1914
6 more not listed; retrieve them via the Exa API.