NIESE v. KLOS

Record No. 750118.

222 S.E.2d 798 (1976)

Seigfried NIESE v. Olga L. KLOS.

Supreme Court of Virginia.

March 5, 1976.


Attorney(s) appearing for the Case

Stanley P. Klein (Nicholas Kapnistos, Arlington, on brief), for plaintiff in error.

H. Richard Chew, Arlington, on brief, for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.


COCHRAN, Justice.

Plaintiff, Seigfried Niese, filed his motion for judgment in the trial court against defendant, Olga L. Klos, seeking damages for alleged false arrest, false imprisonment, and malicious prosecution. By demurrer defendant contended that the motion for judgment was insufficient because it did not allege that the arrest warrant, on which it was based, was issued contrary to law, thus permitting the inference that probable cause "was determined judicially...

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