Sukeforth v. Thegen

WEBBER, Justice.

This was a complaint for false imprisonment. Defendant moved to dismiss on the ground that the complaint failed to state grounds upon which relief could be afforded. The motion to dismiss was granted and plaintiff appealed.

The complaint recites inter alia that defendant, a physician, without having seen or examined the plaintiff, issued a certificate that he had in fact examined the plaintiff, that in his opinion plaintiff was mentally ill and because of said illness likely to injure himself or others if not immediately restrained. The complaint avers that plaintiff was at no…