Legal Opinion

Nelson v. Halvorson

Supreme Court of Minnesota

Decided April 19, 1912No. Nos. 17,497—(66)PublishedCited by 23 opinions

Action in tbe district court for Lac qui Parle county to recover $5,000 for false imprisonment. The case was tried before Qvale, J., and a jury which returned a verdict in favor of plaintiff for $500. Prom an order denying their motion for a new trial, defendants Ness and Halvorson took separate appeals. Reversed as to Halvorson.

1Opinion of the CourtHolt, J.

Plaintiff sued Henry Halvorson, a constable, and Louis Ness, a merchant, of Dawson, Minnesota, for false imprisonment, and recovered a verdict against both defendants for $500. Each defendant appeals from an order denying their separate motions for a new trial.

The complaint is the usual one for false imprisonment. The de*257fendants answered separately, and admitted the arrest without warrant.

Halvorson alleged that he had reasonable grounds to believe that plaintiff had committed a felony, stating these, and also that he acted under a supposed warrant, but that as soon as he ascertained the…

2Cases cited4 opinions

  1. Diers v. MallonNebraska Supreme Court · 1895
  2. Horton v. MaffittSupreme Court of Minnesota · 1869
  3. McCarthy v. NiskernSupreme Court of Minnesota · 1875
  4. Rauma v. LamontSupreme Court of Minnesota · 1901

3Cited by23 opinions

  1. Embrey v. HollyCourt of Appeals of Maryland · 1982
  2. Huckeby v. SpanglerTennessee Supreme Court · 1978
  3. State Ex Rel. Hall v. CookSupreme Court of Missouri · 1966
  4. Thomson v. CatalinaCalifornia Supreme Court · 1928
  5. Edquest v. Tripp & Dragstedt Co.Montana Supreme Court · 1933

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