Schultz v. Culbertson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The facts of the case, as they appear from the pleadings and evidence, are as follows: The defendant, returning home from a temporary absence, found the son of the plaintiff upon his premises. The defendant’s family were absent, and he claims that he found the boy concealed in his house. He detained the boy, and sent for the plaintiff.
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APPEAL from the Circuit Court for Outagamie County. The facts of the case, as they appear from the pleadings and evidence, are as follows: The defendant, returning home from a temporary absence, found the son of the plaintiff upon his premises. The defendant’s family were absent, and he claims that he found the boy concealed in his house. He detained the boy, and sent for the plaintiff. He told the plaintiff that his house had been broken into several times, and property stolen therefrom; he charged the boy with the crime, and threatened to prosecute him therefor. To avoid the disgrace of the…
1Opinion of the CourtLyoN, J.
I. The agreement not to arrest and prosecute the plaintiff’s son for the crime which the defendant charged he had committed, was unquestionably illegal and void, in that it interfered directly with the course of public justice, and was therefore against sound public policy. Such agreement was fully executed by the giving of the note in consideration thereof, and its payment; and by the failure of the defendant to cause the arrest and prosecution of the boy. The undisputed evidence shows that the crime had been committed, and the testimony of the defendant tends to show that the boy committed…
2Cases cited2 opinions
- Osborn v. . RobbinsNew York Court of Appeals · 1867
- Miller v. LarsonWisconsin Supreme Court · 1865
3Cited by16 opinions
- Woodham v. AllenCalifornia Supreme Court · 1900
- Schultz v. CatlinWisconsin Supreme Court · 1891
- Cribbs v. SowleMichigan Supreme Court · 1891
- City National Bank v. KuswormWisconsin Supreme Court · 1894
- Weiser v. WelchMichigan Supreme Court · 1897
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