Bauer v. Clay
Supreme Court of Kansas
Error from Lea/oem/worth District Oou/rt. Action for false imprisonment. Bauer and Olay were neighbors. Bauer permitted his hogs to run at large, and Olay took them up as strays, under the stray law. Bauer made an affidavit before a justice that his hogs had been stolen, and that they were detained by Olay and on his (Clay’s) premises.
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Error from Lea/oem/worth District Oou/rt. Action for false imprisonment. Bauer and Olay were neighbors. Bauer permitted his hogs to run at large, and Olay took them up as strays, under the stray law. Bauer made an affidavit before a justice that his hogs had been stolen, and that they were detained by Olay and on his (Clay’s) premises. A search warrant was issued, Olay was arrested, a preliminary examination was had before the justice, and Olay was held for his appearance before the criminal court of Leavenworth county to answer to the charge of grand larceny, and was committed to the county…
1Opinion of the Court
The opinion of the court was delivered by
Yalkntxne, J.:
In the court below Clay as plaintiff set forth in his petition, in one count, facts sufficient to constitute what were formerly known as the actions for false imprisonment and for malicious prosecution. He set forth that Bauer maliciously, illegally, and without probable cause caused the plaintiff to be *582arrested and imprisoned in tbe following manner: Bauer made an affidavit before a justice of the peace, not charging Olay with any offense, but stating that certain of Bauer’s hogs had been stolen and were then concealed by and on the…
2Cases cited1 opinion
- Ewing v. SanfordSupreme Court of Alabama · 1851
3Cited by11 opinions
- Thompson v. General Finance Co., Inc.Supreme Court of Kansas · 1970
- Atchison, Topeka & Santa Fé Railroad v. RiceSupreme Court of Kansas · 1887
- Bell v. KeepersSupreme Court of Kansas · 1887
- Parli v. ReedSupreme Court of Kansas · 1883
- Thomas v. MuehlmannAppellate Court of Illinois · 1901
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