Shampagne v. Keplinger

The relief sought in this action is damages for an alleged violation and restraint of plaintiff’s personal liberty. A demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action was sustained. Plaintiff suffered judgment of dismissal, from which she appeals.

The complaint alleged the official capacity of defendant as police magistrate of a town in this state; that on August 13, 1925, at this town, defendant wilfully, wrongfully, maliciously and unlawfully, and without any legal justification, violated and restrained plaintiff’s personal…