HOLMLUND v. ZIERKE


266 Wis. 219 (1954)

HOLMLUND and wife, Respondents, vs. ZIERKE, Appellant.

Supreme Court of Wisconsin.

March 2, 1954.


Attorney(s) appearing for the Case

For the appellant there were briefs by Hale, Skemp, Nietsch, Hanson & Schnurrer of La Crosse, and oral argument by Thomas H. Skemp.

For the respondents there was a brief by Bosshard & Arneson of La Crosse, and oral argument by John Bosshard.


BROADFOOT, J.

Upon this appeal it is the first contention of the defendant that his counterclaim stated a cause of action. In Wisconsin, a civil suit prosecuted maliciously and without probable cause, inflicting special damage on the defendant, is sufficient to sustain an action for malicious prosecution where the person or property of the defendant is interfered with. The law in this state is clearly expressed in the case of Myhre v. Hessey, 242 Wis. 638,...

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