Niese v. Klos

Plaintiff, Seigfried Niese, filed his motion for judgment in the trial court against defendant, Olga L. Klos, seeking damages for alleged false arrest, false imprisonment, and malicious prosecution. By demurrer defendant contended that the motion for judgment was insufficient because it did not allege that the arrest warrant, on which it was based, was issued contrary to law, thus permitting the inference that probable cause “was determined judicially”, and it did not allege that the facts sworn to in support of the warrant were untrue. The trial court sustained defendant’s demurrer on the…