MATCZAK v. MATHEWS


265 Wis. 1 (1953)

MATCZAK, Appellant, vs. MATHEWS, Defendant: CITY OF GREEN BAY, Respondent.

Supreme Court of Wisconsin.

October 6, 1953.


Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Kehoe & Flatley of Green Bay, and for the respondent on the brief of Clarence W. Nier, city attorney.


CURRIE, J.

The plaintiff contends that he is entitled to maintain his action against the defendant city by reason of the provisions of sec. 270.58, Stats., which provides as follows:

"Where the defendant in any action, writ, or special proceeding, except in actions for false arrest, is a public officer and is proceeded against in his official capacity and the jury or the court finds that he acted in good faith the judgment...

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