Vorholt v. Vorholt

Maxwell, Judge:

This is an action for malicious prosecution and false imprisonment. The trial court sustained defendant’s demurrer to the declaration and each count thereof and dismissed the action. Writ of error was awarded plaintiff.

The action grows out of a proceeding before the lunacy commission of the county of Kanawha for the purpose of inquiring into the sanity of the plaintiff. The defendant caused the warrant to be issued in that proceeding. The commission found,the plaintiff not to be insane and discharged him.

The first count of the declaration is for malicious prosecution. It sets…