Gebhardt v. Holmes
Wisconsin Supreme Court
Appeals from a judgment of tlie circuit court for Oneida county; A. Hi Reid, Circuit Judge. Action for loss caused by defendants, acting in concert, aiding in the departure of a person alleged to be in plaintiffs lawful custody as sheriff, from tbe latter’s jurisdiction.
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Appeals from a judgment of tlie circuit court for Oneida county; A. Hi Reid, Circuit Judge. Action for loss caused by defendants, acting in concert, aiding in the departure of a person alleged to be in plaintiffs lawful custody as sheriff, from tbe latter’s jurisdiction. One Kitchen, deputy under plaintiff as sheriff of Cheboy-gan county, Michigan, had a warrant, issued in a civil action, for the arrest and holding to bail of one George Schoettle, a minor, living with defendant Eugene Schoettle, his father, whose residence was in Ohio, but domiciled in prcesenti in said county. The deputy…
1Opinion of the Court
Tbe following opinion was filed December 5, 1911:
Maeshall, J.
It is conceded that, unless George Schoettle was actually placed under arrest wben tbe officer visited bis father’s bouse, and custody, in practical effect, continued down to tbe time be was assisted out of tbe sheriff’s jurisdiction, there was no cause of action against tbe appellant Eugene Schoettle, and none against bis codefendant, Holmés, unless be knew there was such custody, or ought to have known thereof, wben be aided in tbe departure.
Tbe point made that Mr. Schoettle was not liable if be did not suppose bis son-was under…
2Cases cited18 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Martens v. ReillyWisconsin Supreme Court · 1901
- Decker v. . JudsonNew York Court of Appeals · 1857
- Jones v. MonsonWisconsin Supreme Court · 1909
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3Cited by4 opinions
- Hull v. DohenyWisconsin Supreme Court · 1915
- Roe v. LundstromUtah Supreme Court · 1936
- Grab v. LucasWisconsin Supreme Court · 1914
- Oliver v. KallockSupreme Judicial Court of Maine · 1935