California Supreme Court July 1, 1870, No. 1,974 (Hirsch v. Rand)

Temple, J.,

delivered the opinion of the Court:

This is an action brought to recover damages for false imprisonment. When the case was called for trial, the plaintiff made a statement of the facts upon which he relied to recover; the substance of which, so far as it affects the question involved upon this appeal, is as follows: The

defendant was United States Marshal of the District at the time