Lamb v. Galland
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The plaintiff had been at work for the defendant as clerk and salesman in his store for three and one half years, when on the 3d day of April, 1871, the defendant caused Mm to be arrested on a charge of having embezzled two dollars and fifty cents. Tlie plaintiff recovered judgment for fifteen hundred dollars. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Crockett, J.:
This is an action for malicious prosecution; and a judgment having been rendered for the plaintiff, the defendant appeals. At the trial, when the defendant was under examination as a witness in his own behalf, his counsel asked the witness whether he had any information which caused him to suspect the plaintiff of having appropriated his (defendant’s) money, and upon which he acted in procuring his arrest? The witness answered in the affirmative, and was then asked to state what the information was. The question was unobjectionable in form, but was, nevertheless,…
2Cited by5 opinions
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- Commonwealth v. StoreySuperior Court of Pennsylvania · 1912
- Lane v. Pennsylvania RailroadSupreme Court of New Jersey · 1910
- McCreery v. SawyerCalifornia Supreme Court · 1877
- English v. MajorNew York Supreme Court · 1891