Kraft
Kraft v. National Surety Co.
Opinion
Lead Opinion
Garrecht, J.
Plaintiff-appellant brought suit for damages against defendants, alleging malicious prosecution of a criminal ac *755 tion against him. Plaintiff’s complaint alleges that he was for many years engaged in the general mercantile business, including the buying and selling of furs, in Kodiak, Alaska; that defendant Stowe, United States Commissioner and ex officio justice of the peace for the town of Kodiak, came into his store on March 15, 1928, and demanded that plaintiff permit him to inspect plaintiff’s record books of purchase of furs and threatened arrest if refused; that plaintiff refused to permit inspection; that on the following day defendant Boyer, a Deputy United States Marshal, made the same demand, which was refused; that thereupon defendant Boyer informed plaintiff that he was under arrest and compelled plaintiff to go with him to the office of defendant Stowe where a complaint was signed by Boyer and sworn to before Stowe; that a warrant of arrest was issued, which was delivered to Boyer, who read it to appellant; that said complaint charged Kraft with violation of Regulation 21 of the Alaska Game Laws; that neither defendant was a member of the Alaska Game Commission,…