Docter v. Riedel
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. This is an action for the abuse of process. The complaint, after alleging the copartnership of the plaintiffs, and the corporate character of the defendant the German American JBanJc, alleges that on the 81st of August, 1895, the plaintiffs executed to the bank their judgment note in the sum of $5,000, payable on demand with interest.
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Appeal from an order of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. This is an action for the abuse of process. The complaint, after alleging the copartnership of the plaintiffs, and the corporate character of the defendant the German American JBanJc, alleges that on the 81st of August, 1895, the plaintiffs executed to the bank their judgment note in the sum of $5,000, payable on demand with interest. A copy of said note is attached, and a warrant of attorney authorizes any attorney in any court of record to appear in such court, “in term time or vacation, at any…
1Opinion of the CourtWinslow, J.
The complaint charges, in brief, that the defendants, without previous demand, entered judgment upon •a judgment note at 10 o’clock at night, and immediately issued execution thereon, and broke into the plaintiffs’ store, :and levied upon their stock of goods, with the malicious intent thereby to injure and destroy the plaintiffs’ business •credit and reputation, and that the plaintiffs, on being informed of the seizure, immediately paid the judgment and procured release of the levy. Plainly, the complaint does not state a case of malicious prosecution of a civil action, because the action…
2Cases cited9 opinions
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Raycroft v. TayntorSupreme Court of Vermont · 1896
- Snydacker v. BrosseIllinois Supreme Court · 1869
- Schley v. Schofield & SonSupreme Court of Georgia · 1878
- Johnson v. ReedMassachusetts Supreme Judicial Court · 1884
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3Cited by18 opinions
- Schaefer v. O. K. Tool Co., Inc.Supreme Court of Connecticut · 1930
- Fite v. LeeCourt of Appeals of Washington · 1974
- Moffett v. Commerce Trust CompanySupreme Court of Missouri · 1955
- Hearing v. Citizens Band & Trust Co.Court of Special Appeals of Maryland · 1974
- Pimentel v. HoukCalifornia Court of Appeal · 1951
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