King v. Montgomery
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Yolo. The complaint averred that the defendant, Montgomery, sued the plaintiff, King, and one Enoch Dobbs, in Justice’s Court, for $270, and recovered judgment, and that the plaintiff King appealed to the County Court, where judgment was rendered in his favor.
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Appeal from the District Court, Sixth Judicial District, County of Yolo. The complaint averred that the defendant, Montgomery, sued the plaintiff, King, and one Enoch Dobbs, in Justice’s Court, for $270, and recovered judgment, and that the plaintiff King appealed to the County Court, where judgment was rendered in his favor. That the plaintiff in said action maliciously caused a writ of attachment to issue and to be levied on the property of the defendant therein, and that the property remained in the hands of the sheriff a long time, by means whereof the plaintiff here sustained damages.…
1Opinion of the Court
By the Court, Niles, J.:
The complaint contained no averment that the action against Dobbs and King was commenced, or the writ of attachment sued out and prosecuted, without probable cause. In this the complaint was clearly insufficient, and the plaintiff declining to amend, the motion to dismiss was properly granted.
Judgment affirmed.
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