Smith v. Craft

Felton, Chief Judge.

The two counts of the petition are virtually identical except that the first is denominated an action for false arrest and the second is denominated an action for false imprisonment. The case will therefore be treated as an action in one count. There is no special demurrer to either count on the ground that it is duplicitous. The petition, treated as one count, does not set forth a cause of action for malicious arrest (or malicious prosecution) for the reason that it is not alleged that the proceeding terminated in favor of the plaintiff. The mere allegation in the…