94 Wis. 605 | Wis. | 1896
The complaint alleges, in effect, that October 16, 1890, Horace N. Campbell was duly appointed the guardian of the person and estate of the plaintiff, Harry J. Webber; that thereupon Campbell duly qualified-as such guardian; that September 6, 1892, at Wau-kesha, the defendant, maliciously intending to injure the plaintiff in his good reputation, and without any probable cause, procured the plaintiff to be arrested and imprisoned; that October 4, 1892, the district attorney dismissed ,the prosecution and found Webber not guilty of the offense charged. At the opening of the trial the defendant de-, murred to the complaint ore tenus, and the same was sustained by the trial court. From the judgment entered thereon accordingly, the plaintiff brings this appeal.
The ruling of the trial court is sought to be justified on
By the Oov/rt.— The judgment of the superior court of Milwaukee county is reversed, and the cause is remanded for a new trial.