Hauss v. Kohlar
Supreme Court of Kansas
Error from Saline District Court. ACTION for false imprisonment, brought by Hauss against Kohlar and three others. Trial at the November Term, 1879, of the district court, and judgment for the defendants. Hauss brings the case here. The opinion states the facts. Without a statement of one of the particulars named in the statute, we claim that the affidavit is a nullity, and confers upon the justice no jurisdiction to issue an order of arrest.
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Error from Saline District Court. ACTION for false imprisonment, brought by Hauss against Kohlar and three others. Trial at the November Term, 1879, of the district court, and judgment for the defendants. Hauss brings the case here. The opinion states the facts. Without a statement of one of the particulars named in the statute, we claim that the affidavit is a nullity, and confers upon the justice no jurisdiction to issue an order of arrest. (9 Kas. 427; 6 id. 94; 57 Ill. 109; 20 id. 292; 17 Mich. 472; 14 Ohio St. 213; 2 Blackf. 305, 429; 7 Gray, 59; 4 Neb. 122.) If the proceedings were so…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for false imprisonment. The defendants answered, setting up two defenses. The plaintiff demurred to the second defense, upon the ground that it did not state facts sufficient to constitute a defense. The court below overruled the demurrer, and this ruling is now assigned for error.
Said second defense was a plea in justification. It sets forth the following among other facts:
The defendant John Kohlar commenced a civil action against Philip Hauss, for the recovery of $45 and interest. He commenced the action before S. B.…
2Cases cited10 opinions
- Prell v. McDonaldSupreme Court of Kansas · 1871
- Proctor v. ProutMichigan Supreme Court · 1869
- Taylor v. MoffattIndiana Supreme Court · 1830
- Gillett v. ThieboldSupreme Court of Kansas · 1872
- Painter v. IvesNebraska Supreme Court · 1875
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3Cited by14 opinions
- State v. McGaheyNorth Dakota Supreme Court · 1904
- Strozzi v. WinesNevada Supreme Court · 1899
- Wagstaff v. SchippelSupreme Court of Kansas · 1882
- Bryan v. CongdonCourt of Appeals for the Eighth Circuit · 1898
- Johnson v. MortonMichigan Supreme Court · 1892
9 more not listed; retrieve them via the Exa API.