Cullen v. Dickinson
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Elizabeth Cullen against R. W. Dickinson and others, to recover damages for false imprisonment. Erom a judgment for -defendants, and from an order -denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Elizabeth Cullen against R. W. Dickinson and others, to recover damages for false imprisonment. Erom a judgment for -defendants, and from an order -denying a new trial, plaintiff appeals. The court erred in -the receipt of evidence ': The answer -consists alone of a general denial, anid under such general denial the only issue which can be presented i-s— Did the defendants -deprive -the plaintiff of her liberty? NewellMalicious Prosecution (1892 Ed.) p. 416, 19 Cyc. 360-362. The court erred in refusing…
1Opinion of the CourtSmith, J.
Action for damages for false imprisonment or deprivation of personal liberty. Answer by general denial. Verdict for all defendants. Appeal from -the'judgment, and from an order overruling motion for a new trial. Appellant assigns error in various- rulings upon matters of evidence; in directing a verdict in favor of defendant Dickenson; in refusing- certain requests for instructions; in the general charge to- the jury; and in refusing appellant a new trial.
The record discloses that the defendant Dickenson was one of the commissioners; the defendant Johnson, chief of police, and the defendant…
2Cases cited1 opinion
- Richardson v. HustonSouth Dakota Supreme Court · 1898
3Cited by20 opinions
- Manual De J. Gomez v. Jerry v. Wilson, Chief of PoliceCourt of Appeals for the D.C. Circuit · 1973
- Griffin v. ClarkIdaho Supreme Court · 1935
- Bean v. BestSouth Dakota Supreme Court · 1958
- Burlington Transp. Co. v. JosephsonCourt of Appeals for the Eighth Circuit · 1946
- Christ v. McDonaldOregon Supreme Court · 1935
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