Gelzenleuchter v. Niemeyer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia, County. The case is thus stated by Mr. Justice Cassoday: “ The complaint alleges in effect that November 13,1883, the defendant, at Columbus, Columbia county, maliciously, and with force and arms, assaulted the plaintiff, and, with intent to injure him, directed, caused, and procured him to be forcibly, and against his will, arrested, imprisoned, and restrained of his liberty for the space of six hours, without any reasonable or…
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APPEAL from the Circuit Court for Columbia, County. The case is thus stated by Mr. Justice Cassoday: “ The complaint alleges in effect that November 13,1883, the defendant, at Columbus, Columbia county, maliciously, and with force and arms, assaulted the plaintiff, and, with intent to injure him, directed, caused, and procured him to be forcibly, and against his will, arrested, imprisoned, and restrained of his liberty for the space of six hours, without any reasonable or probable cause whatever, and without any right or authority so to do, to his damage, etc. The answer justifies the arrest…
1Opinion of the CourtCassoday, J.
The attempt was made, as it is claimed, to prosecute the plaintiff for the violation of sec. 4398, R. S. It is not claimed that the plea of not guilty and adjournment before the justice was any waiver of the question of jurisdiction. It clearly was not within the rule stated in Steuer v. State, 59 Wis. 472. The learned counsel for the defendant frankly concedes that the complaint made by the defendant before'the justice charges no offense whatever, and that the warrant issued thereon, reciting the complaint, charges no offense whatever; and hence that the warrant is absolutely void upon its…
2Cases cited21 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Burns v. . ErbenNew York Court of Appeals · 1869
- Gold v. BissellNew York Supreme Court · 1828
- Miller v. . AdamsNew York Court of Appeals · 1873
- Murphy v. MartinWisconsin Supreme Court · 1883
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Langen v. BorkowskiWisconsin Supreme Court · 1925
- Smith v. ClarkUtah Supreme Court · 1910
- Lueck v. HeislerWisconsin Supreme Court · 1894
- Wilson v. LaphamSupreme Court of Iowa · 1923
- Bergeron v. PeytonWisconsin Supreme Court · 1900
11 more not listed; retrieve them via the Exa API.