Opinion
Gen. No. 10,139. (Abstract of Decision.)
Opinion filed December 29, 1947 Released for publication January 16, 1948
FALSE IMPRISONMENT, § 13 — construction and sufficiency of complaint. Pleadings stated good case of false imprisonment, upon which theory it was tried but which proof did not sustain, but not good cause of action for malicious prosecution as contended in reviewing court, where complaint alleged that defendants had falsely sworn to their complaint before justice of peace, had procured warrant for plaintiff's arrest charging him falsely and maliciously with disorderly conduct or some other offense, that he was arrested under said warrant and confined in jail as result thereof for four days, and that charges were dismissed and prosecution abandoned without trial.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Will county; the Hon. ROSCOE C. SOUTH, Judge, presiding.
Judgment affirmed. Heard in this court at the February term, 1947.
Pence B. Orr, for appellant;
Donovan, Bray Gray, for appellees.
Not to be published in full. Opinion filed December 29, 1947; released for publication January 16, 1948.