Oleson v. Pincock

The plaintiff brought this action in the district court of Weber county to recover damages for an alleged false imprisonment. In the complaint it is alleged that the defendants forcibly and unlawfully deprived plaintiff of his liberty The complaint thus clearly states a cause of action. In 19 Cyc. 323, it is said: “Unlawful detention by actual force is unquestionably sufficient to make out a cause of action.” It is therefore unnecessary for us to refer to the sufficiency of the complaint further.

The defendants, in their answer, pleaded justification. The plaintiff interposed a demurrer to the…