Bonesteel v. Bonesteel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. Action to recover damages for an alleged false imprisonment. Defendants, by their answer, admitted the arrest of plaintiff under a writ of ne exeat, issued upon an affidavit subscribed by one of defendants, but justified on the ground that they had acted solely on the advice of counsel, and without malice.
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APPEAL from the Circuit Court for Bodge County. Action to recover damages for an alleged false imprisonment. Defendants, by their answer, admitted the arrest of plaintiff under a writ of ne exeat, issued upon an affidavit subscribed by one of defendants, but justified on the ground that they had acted solely on the advice of counsel, and without malice. The facts appear in the opinion, and in the former report of the same case, 28 "Wis., 248. The court, by its instructions, submitted the question of exemplary damages to the jury, charging that if the assault and imprisonment was accompanied…
1Opinion of the CourtDixow, C. J.
We quite agree with counsel for the defendants that there was no evidence of malice or willful misconduct on the part of the defendants, in procuring the writ of ne exeat, or in causing it to be executed and the plaintiff arrested, for which smart-money or punitory or exemplary damages ought to have been given. The defendants made the application upon the advice of the counsel, and the same was submitted to the judge of a court of superior and general jurisdiction, by whom the writ was allowed and the arrest ordered. To be sure, counsel were in error and so was the judge, but there is not the…
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- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
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