Prell v. McDonald
Supreme Court of Kansas
Error from Bourbon District Court. Action for false imprisonment, brought by Prell against' John McDonald and Benjamin Fies.
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Error from Bourbon District Court. Action for false imprisonment, brought by Prell against' John McDonald and Benjamin Fies. The petition was in the ordinary form, alleging an illegal arrest, and a false imprisonment, in May, 1867. The defendants admitted the arrest and imprisonment, and in justification of their acts alleged that McDonald was the mayor, and Files the deputy marshal of the city of Fort Scott; that said city was a duly incorporated city of the State of Kansas; “ that the plaintiff on said 25th of May, being within said “ city, was quarreling and fighting with one A. M. Hell- “…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for false imprisonment. The judgment below was for the defendants, and the plaintiff brings the case to this court. It is seldom that a case is brought to this court that presents so many nice and difficult questions as this case does. Some of them have never been submitted to a court of last resort. Others of them have been before such courts, and the decisions upon them are conflicting. ' We have examined carefully all the questions in this case, and shall decide such of them as is necessary to dispose of the case in…
2Cases cited11 opinions
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- Malone v. MurphySupreme Court of Kansas · 1864
- Griswold v. SedgwickNew York Supreme Court · 1828
- Tracy v. WilliamsSupreme Court of Connecticut · 1821
- Colton v. Beardsley, Bigelow & SpoonerNew York Supreme Court · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Harris County v. StewartTexas Supreme Court · 1897
- State ex rel. Godard v. JohnsonSupreme Court of Kansas · 1900
- In re SimsSupreme Court of Kansas · 1894
- Mayor of Birmingham v. O'HearnSupreme Court of Alabama · 1906
- State v. GoetzSupreme Court of Kansas · 1902
19 more not listed; retrieve them via the Exa API.