BELL, J.
Having taken from any possible consideration by the jury the allegations of false imprisonment, the trial court, on motion to direct a verdict, was faced first with the question of whether the petition states a cause of action for malicious prosecution. See Morgenstern v. Austin, ante, 113.
In 22 American Jurisprudence, 353, False Imprisonment, Sections 2 and 3, it is said:
"False imprisonment has been said to be the unlawful...
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