Devine v. Hammer

The summary dismissal of this complaint upon a technicality, apparently because of the Statute of Limitations, destroys plaintiff’s right to sue. In the complaint it is alleged that the defendant arrested the plaintiff without reasonable or probable cause or without any right of the defendant to do so and against the will of the plaintiff and in violation of plaintiff’s rights to liberty and freedom. This complaint is based exactly on form 813 in 3 Bradbury’s Forms of Pleading (2d ed.) and Fiero on Torts (p. 626). These, in turn, are substantially identical with the complaint in Snead v.…