Going

This is an action for alleged false imprisonment. Defendant demurred to the complaint. His demurrer was overruled, and upon his refusal to answer, judgment was rendered against him. He appeals from the judgment, and relies for reversal upon the insufficiency of the complaint.

In the complaint, it is first averred that on a certain day defendant “imprisoned plaintiff, and caused her to he imprisoned and deprived of her liberty for a period of five days, unlawfully, and with force, and without probable cause, on a pretended charge of contempt of court.” The “ circumstances attending and immediately surrounding and preceding the said false imprisonment” are then averred, and are substantially these: That, a short time prior to said alleged imprisonment, the defendant, “acting as a justice of the peace for Bear Valley township, in said county,” did “wrongfully and unlawfully” issue a writ of restitution, requiring plaintiff to quit and surrender a certain house and premises; that the writ was given to a certain constable, who, with a posse, attempted to serve the same; that an “altercation and affray ensued,” in which, among other immaterial things mentioned, “ the plaintiff was then…