Leong Sam v. Keliihoomalu

OPINION OP THE COURT BY

KEMP, J.

The first material inquiry in this case is as to the nature of the plaintiff’s action. Is it an action for damages for false imprisonment or an action for damages for assault and battery?

The material allegations of the complaint follow:

“The undersigned, Leong Sam, residing at Olaa, County and Territory of Hawaii, claims of Harry Keliihoomalu, defendant, residing at Olaa, County and Territory of *478Hawaii, the sum of Two Thousand ($2000.00) Dollars, for actual and exemplary damages resulting to him from injury done hy the said defendant to his person and his…