Smith v. Fontana

GALSTON, District Judge.

The complaint in this action sets forth two causes of action. It is urged by the plaintiff that the first cause of action is for damages caused by an alleged false arrest, and the second for damages arising out of malicious prosecution. In the effort to extend liberality in the interpretation pleadings, the trial proceeded on the premise that there were two causes of action involved, one for false imprisonment and one for malicious prosecution.

It is alleged in the first cause of action that the defendant, on December 6, 1940, maliciously and with intent to injure the…