Going v. Dinwiddie

Citations

• 86 Cal. 633
• 25 P. 129
• 1890 Cal. LEXIS 1082

Syllabus

<p>False Imprisonment by Justice ofthe Peace—Acts of Judicial Officer —Punishment for Contempt— Pleading — Excess of Jurisdiction. — A complaint against a justice of the peace for false imprisonment in punishing the plaintiff for contempt must aver, in terms, that the acts constituting the imprisonment were without or in excess of his jurisdiction, or facts from which a want of jurisdiction appears.</p> <p>Id. — Pleading — Conclusions of Law. — The allegations that the acts constituting such imprisonment were done “ wrougfully ” or “ unlawfully ” are of mere conclusions of law, and tender no issue, where no facts are averred to show the acts complained of to he wrongful or unlawful.</p>