Murphy v. Martin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Richland County. The case is thus stated by Mr. Justice Cassoday: “Three causes of action are alleged in the complaint: (1) One for falsely, maliciously, and without any reasonable or probable cause whatever, making a complaint and information on oath to a justice of the peace in Illinois, whereupon, and according to the prayer of the defendant, a warrant was issued by the justice and the plaintiff arrested thereon for robbery, November 21,…
Read the full summary
APPEAL from the Circuit Court for Richland County. The case is thus stated by Mr. Justice Cassoday: “Three causes of action are alleged in the complaint: (1) One for falsely, maliciously, and without any reasonable or probable cause whatever, making a complaint and information on oath to a justice of the peace in Illinois, whereupon, and according to the prayer of the defendant, a warrant was issued by the justice and the plaintiff arrested thereon for robbery, November 21, 1877, and taken before-the justice and there prosecuted by the defendant upon such complaint and information; and upon…
1Opinion of the Court
Cassoday, J..
The plaintiff, having expressly waived any claim for damages by reason of the alleged slander, prior to the submission of the case to the jury, as appears from the bill of exceptions, is in no position to assign error in the manner of submitting, or the failure to submit, that issue to the jury. Such statement in the record must be treated by this court as a verity. If counsel differed with the learned trial judge in regard to the truth of this statement, as he claims, his remedy was to have the record corrected prior to the hearing on this appeal.
The distinction between…
2Cases cited1 opinion
- Sorenson v. DundasWisconsin Supreme Court · 1880
3Cited by28 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Sohns v. JensenWisconsin Supreme Court · 1960
- Kittler v. KelschNorth Dakota Supreme Court · 1927
- Lane v. CollinsWisconsin Supreme Court · 1965
- Pelton v. Spider Lake Sawmill & Lumber Co.Wisconsin Supreme Court · 1907
23 more not listed; retrieve them via the Exa API.