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[Download] "Dillon v. Haskell" by District Court of Appeal of California * eBook PDF Kindle ePub Free

Dillon v. Haskell

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eBook details

  • Title: Dillon v. Haskell
  • Author : District Court of Appeal of California
  • Release Date : January 28, 1947
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Plaintiff brought this action for damages for false imprisonment. Following allegations in his first amended complaint that plaintiff has long been a tenant of defendant in a two-story building in which both resided, the complaint read as follows: "II. Defendant claims that on January 30, 1946, someone, without permission and with felonious intent, broke into her apartment aforesaid and stole considerable property, especially jewelry, belonging to defendant. About 9:15 P. M. or 9:30 P. M. on Saturday, the 9th day of February, 1946, as plaintiff returned to his home at 4316 Woodman Ave., Van Nuys, California, from his employment in Alhambra, California, plaintiff, at the instigation and procurement of defendant, was arrested by two police officers on the charge of having committed said burglary, and, at defendants instigation and procurement, said police officers forcibly, and against plaintiffs will, took him to the police station in Van Nuys where he was grilled by them for two or three hours, and then locked up in a jail cell with drunks, criminals, and other disreputable characters, and confined therein, against his will, until noon the next day, upon said charge, and then released." It was then alleged that plaintiff had never entered defendants premises with felonious intent nor taken any of her property nor committed against defendant the crime of burglary or larceny or any other criminal offense. This complaint was demurred to generally, and upon the ground that it was uncertain, in that it failed to allege facts showing that plaintiffs arrest was "at the instigation and procurement of defendant." The demurrer was sustained, leave to amend was granted, which was not availed of, and judgment of dismissal was entered.


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