Schoette v. Drake
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Langlade county: John G-oodland, Circuit Judge. This action was brought to recover damages for false imprisonment.
Read the full summary
Appeal from a judgment of the circuit court for Langlade county: John G-oodland, Circuit Judge. This action was brought to recover damages for false imprisonment. The complaint charges, in effect, that on the 13th day of March, 1908, at the city of Antigo, Wisconsin, the defendants unlawfully and maliciously imprisoned the plaintiff and restrained him of his liberty without right or authority and against his will, whereby he sustained damages in the sum of $5,000. The answers of defendants deny the material allegations of the complaint and allege justification for the arrest on the ground…
1Opinion of the Court
Kerwin,' J.
The principal inquiry upon this appeal is whether the court below erred in directing a verdict for the •defendants. This raises the question whether there was sufficient evidence to carry the case to the jury. The vital issues raised by the pleadings and litigated on the.trial were (1) whether on the 13th day of March, 1908, when plaintiff was arrested, he was violating any ordinance of the city of Antigo -or any law of the state of Wisconsin; (2) did the defendants unreasonably detain the plaintiff in jail after the arrest?
*20The plaintiff went to the city of Antigo in the forenoon…
2Cases cited8 opinions
- Ocean Steamship Co. v. WilliamsSupreme Court of Georgia · 1883
- Lindner v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1896
- Schultz v. CulbertsonWisconsin Supreme Court · 1905
- Green v. . KennedyNew York Court of Appeals · 1871
- Markey v. GriffinAppellate Court of Illinois · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Phillips v. StateWisconsin Supreme Court · 1966
- Peloquin v. HibnerWisconsin Supreme Court · 1939
- Anderson v. FosterIdaho Supreme Court · 1953
- Tullgren v. KargerWisconsin Supreme Court · 1921
- Vernon v. Plumas Lumber Co.California Court of Appeal · 1925
9 more not listed; retrieve them via the Exa API.