Duckett & Co. v. Ozmer

The petition in this ease contained three counts, the first a suit for malicious prosecution, the second for false imprisonment, and the third for malicious arrest. The first and the third counts, properly construed (most strongly against the plaintiff), failed to show that in the matters complained of the defendant acted with malice and without probable cause; the allegations in the two counts that it did so act not being supported by the pleaded facts. Therefore these two counts were properly stricken on general demurrer. However, the second count (suing for false imprisonment) set out a…