Ceinar

The plaintiff commenced an action against the defendants for false imprisonment. The defendants filed a joint general demurrer “to the complaint”. The record discloses that as to certain of the defendants the demurrer was overruled, but as to the defendant Johnston the demurrer was sustained. Prom the judgment entered in favor of the defendant Johnston the plaintiff has appealed. The record contains the original complaint and it also contains an amended complaint. We understand the plaintiff relies on the amended complaint and we will confine our remarks to that document.

The plaintiff alleged that on the eighth day of August, 1931, in answef to a complaint filed in the Justice’s Court of Nieasio Township, County of Marin, State of California, charging him with disturbing the peace, that he appeared before the defendant as justice of the peace and pleaded guilty to the complaint; that the defendant suspended plaintiff’s sentence indefinitely and entered a judgment that plaintiff’s sentence should take full force at any time that plaintiff failed to make monthly payments in the sum of $30 to his wife for the support of their son, who was to remain in the care and custody of his…