Callihan v. Kirk

WADDILL, Commissioner.

Appellant, Walter Callihan, instituted this action against appellee, Edward Kirk, seeking damages for alleged false imprisonment. Approximately eighteen months after Kirk had filed an answer, the trial court sustained Kirk’s motion to dismiss the complaint on the ground it did not state a claim. *540Thereafter the court refused to permit Cal-lihan to amend the complaint and entered a judgment dismissing the action. Callihan appeals contending that both rulings are erroneous.

These averments appear in the complaint:

“That on or about the 7th day of April, 1965, the plaintiff…