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HILL v. DAY

No. 37,737

168 Kan. 604 (1950)

215 P.2d 219

THOMAS HILL, Appellant, v. L.H. DAY, Appellee.

Supreme Court of Kansas.

Opinion filed February 28, 1950.

Attorney(s) appearing for the Case

Ralph H. Noah, of Beloit, argued the cause, and W.S. Norris, of Salina, was with him on the briefs for the appellant.

James P. Mize, of Salina, argued the cause, and C.L. Clark and Jason K. Yordy, also of Salina, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ARN, J.:

This is an appeal from an order sustaining a demurrer to plaintiff's petition. It is difficult to ascertain from the lengthy petition whether it was intended to plead a cause of action predicated upon malicious prosecution or false arrest or both. The petition alleges:

"1. Plaintiff is now and has been for more than six years a resident of the City of Salina, in Saline County, Kansas, and his correct...

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