Hertzka v. Ellison

This is an action for false imprisonment brought by Hobart S. Ellison against M. B. Hertzka and J. L. Foster. The plaintiff’s declaration contained three counts. Through the first and second counts the plaintiff sued the defendants for an alleged malicious prosecution, and through the third count for false imprisonment. The undisputed proof showed that the plaintiff was arrested and imprisoned Avithout a valid warrant and without legal commitment and the trial judge properly held that there was no evidence to support the counts for malicious prosecution..

At the close of all the evidence the…