Trahan v. Breaux

McCALEB, Justice.

Plaintiff demands $10,000 damages for his alleged false arrest by the defendants. His suit was dismissed in the lower court on exceptions of prematurity and of no right or cause of action which were based on the ground that he had failed to allege that the criminal charge, for which the arrest was made, had been dismissed or the proceedings otherwise terminated.

Plaintiff appealed to this court from the judgment sustaining the exceptions. After the transcript was lodged here, the defendants moved to remand the case to the lower court in order to have that court determine…