Platz
Platz v. Marion
Opinion
Lead Opinion
Hart, J.
Plaintiff, an attorney at law, practicing in Kern County, brought the action against defendant, a justice of the peace in said county, to recover twenty-five thousand three hundred dollars for false imprisonment. A demurrer to the amended complaint was sustained, plaintiff failed further to amend, and judgment by default was entered against him, from which judgment he prosecutes this appeal.
It is alleged in the amended complaint that, on or about M'arch 9, 1915, defendant issued a warrant for the arrest of plaintiff for the crime of common barratry; that plaintiff Was arrested under said warrant and was released upon bail; that, on the 12th of March, 1915, plaintiff’s bondsmen surrendered him into the custody of the sheriff, whereupon he se cured another bail bond and was released; that, on March 18th, the bondsmen on said second bail bond surrendered plaintiff to the sheriff and he was imprisoned in. the county jail from that time until about noon of the nineteenth day of March, 1915. On said last-named date, plaintiff applied to the supreme court for a writ of habeas corpus, which was granted, and plaintiff was released upon giving bail; that, on the fifth day of April, 1915,…