MARTIN, J.
The complaint states, among other things:
"II. That the defendant David Lester is the village policeman and/or marshal employed under contract by the defendant village of Grantsburg, and said defendant David Lester is herein proceeded against in his official capacity as village policeman and/or marshal of the village of Grantsburg; and that in the several times hereinafter mentioned in this complaint the defendant David Lester has at all such times...
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