Legal Opinion

Phelps v. Cogswell

California Supreme Court

Decided July 23, 1886No. 9312PublishedCited by 7 opinions

Appeal from an order of the Superior Court of the city and county of San Francisco refusing a new trial. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

This action was for malicious prosecution. The plaintiff, Phelps, it appears, was arrested by a police officer of the city of San Francisco, under a warrant which was issued under a complaint verified by Cogswell, charging the former with having assaulted him on a street of said city. In making this arrest, the officer went to a dwelling-house, where the plaintiff in the present action was then sojourning with his wife, and informed him that he would have to accompany him (the officer) or procure and give bail for his appearance to answer the charge thus made against him

The…

2Cases cited1 opinion

  1. Russell v. DennisonCalifornia Supreme Court · 1875

3Cited by7 opinions

  1. Singleton v. SingletonCalifornia Court of Appeal · 1945
  2. Livesey v. StockCalifornia Supreme Court · 1929
  3. Davis v. Southern Pacific Co.California Supreme Court · 1893
  4. Chicago & Eastern Illinois R. R. v. ClemingerAppellate Court of Illinois · 1898
  5. Shaffer v. ArnaelsteenCalifornia Court of Appeal · 1921

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