Evans

Appeal from a judgment entered in favor of the plaintiff.

The plaintiff brought this action to recover damages caused by certain wrongful acts of the defendant. The complaint is so drawn that it is not clear whether the plaintiff intended to allege a cause of action for false imprisonment or a cause of action for malicious prosecution of a certain proceeding in the superior court whereby the plaintiff herein was charged with being an insane person. If we consider the action as one for false imprisonment, the complaint does not state a cause of action, since it does not show that the plaintiff’s arrest by the sheriff in the former proceeding was not under a legal warrant. If we accept the other alternative theory of the action, the complaint does not state a cause of action, since it does not appear therefrom that the proceeding to determine the question of the plaintiff’s sanity has yet terminated.

Defendant’s appeal comes before the court upon the judgment-roll alone. The record shows that the defendant demurred to the complaint and the demurrer was overruled; whereupon the defendant answered and the case went to trial before a jury, which rendered a verdict in favor of the…