Pankewicz
Pankewicz v. Jess
Opinion
Lead Opinion
This is an action for damages for false imprisonment. The amended complaint alleges that Clara A. Jess was the recorder of Daly City; that the defendant J. H. Mansfield was the sheriff of San Mateo County, and that the American Bonding Company was surety on the bond of said sheriff. The complaint further alleges that on a certain date Clara A. Jess, as recorder, adjudged the plaintiff guilty of contempt of court, in that he, as marshal of Daly City, willfully and unlawfully neglected and refused to serve a warrant issued by the recorder’s court in a certain criminal case, in which the defendant therein was charged with felony; whereupon said recorder sentenced the plaintiff to pay a fine of fifty dollars, or in default thereof to be imprisoned in the county jail for one day. It is also alleged that Mansfield, the sheriff,-acting upon the commitment placed in his hands by said recorder, against the will and consent of the plaintiff, took him into custody and imprisoned him in the county jail for one day. In consequence of this imprisonment plaintiff claims damages in the sum of twenty-five thousand dollars for injury to his good name, to his credit, and to his reputation as…