Legal Opinion

Weinburg v. Somps

California Supreme Court

Decided June 9, 1893No. 14,748PublishedCited by 3 opinions

APPEAL from Superior Court, City and County of San Francisco; Walter H. Levy, Judge. Action for malicious prosecution by Moritz Weinburg against P. G. Somps. Plaintiff had judgment, and from an order denying a new trial, defendant appeals.

1Opinion of the Court

VANCLIEF, C.

Action for malicious prosecution of the plaintiff on a charge of having bought and received stolen property, for which he was tried in the police court and discharged. The jury returned a verdict for plaintiff, assessing his damages at $3,333, for which sum judgment was rendered. The defendant brings this appeal from an order denying his motion for a new trial.

1. Counsel for appellant contend that the court erred in its instruction to the jury as to what constitutes probable cause for the criminal prosecution complained of. The exception upon which this point rests was taken at…

Also in this document: Per curiam.

2Cases cited5 opinions

  1. People v. SuttonCalifornia Supreme Court · 1887
  2. Dixon v. PlunsCalifornia Supreme Court · 1893
  3. Turner v. Tuolumne County Water Co.California Supreme Court · 1864
  4. Klockenbaum v. PiersonCalifornia Supreme Court · 1863
  5. Kenezleber v. WahlCalifornia Supreme Court · 1891

3Cited by3 opinions

  1. Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Foley v. HornungCalifornia Court of Appeal · 1917
  3. Rockwell v. Italian-Swiss ColonyCalifornia Court of Appeal · 1909

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