Hall v. Rogers

M‘Kinney, J.

Trespass and false imprisonment. The declaration contains three counts. The two first general, the third special. Plea of not guilty, and two special pleas of justification. To the special pleas, the plaintiff'filed a special demurrer. The demurrer was overruled, and judgment rendered for the defendant.

The causes of demurrer are, 1st, no legal warrant authorising the imprisonment; 2d, no offence in the affidavit on which warrant issued; 3d, justice had no jurisdiction of the offence if any. It is averred in the special pleas, both of which are directed to the same ground of…