Eckl v. Brennan

The opinion of the court was delivered by

Dawson, C. J.:

This was an action for damages for malicious prosecution.

On July 2, 1936, the defendant, Dr. T. F. Brennan, county health officer of Ness county, instituted lunacy proceedings against the plaintiff, Joe Eckl, by filing therein his affidavit alleging that Eckl was of unsound mind and unsafe to be at large, and that the welfare of himself and others required his restraint and confinement in some hospital. The court issued process, which was served on plaintiff. It gave notice that an examination on the charge of lunacy would be *503heard on…