Barling v. West
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Oreen County. Action to recover damages from tbe defendants for forcibly assaulting and arresting tbe plaintiff without warrant, and taking him before a justice of tbe peace, and bolding him in custody until discharged by such justice.
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APPEAL from tbe Circuit Court for Oreen County. Action to recover damages from tbe defendants for forcibly assaulting and arresting tbe plaintiff without warrant, and taking him before a justice of tbe peace, and bolding him in custody until discharged by such justice. Tbe defendants justified the arrest on tbe ground that they were officers of tbe village of Monroe, authorized and required to enforce tbe laws and ordinances of tbe village, and that tbe plaintiff, at tbe time of tbe arrest, was forcibly resisting a lawful attempt by them as such officers to remove a stand or temporary counter…
1Opinion of the CourtCole, J.
It appears to us that the acts of the defendants which are complained of, if justifiable at all, must be justified upon one of two grounds: either, first, because the place where the temporary lemonade stand was placed was a part of the sidewalk which was used by the public, and which the plaintiff was obstructing in an unlawful manner, so as to make it the duty of the officers of the village to remove the obstruction at once, in order that the citizens generally might have free passage there; or, secondly, that the ordinance which required the plaintiff to procure a license to sell lemonade…
2Cases cited2 opinions
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- Hayes v. City of AppletonWisconsin Supreme Court · 1869
3Cited by23 opinions
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- Milliken v. City CouncilTexas Supreme Court · 1881
- City of St. Paul v. TraegerSupreme Court of Minnesota · 1878
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