Kellogg v. Cochran
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County. The facts are stated in the opinion.
1Opinion of the Court
Vanclief, C.
The purpose of this action is to recover from the defendants damages for a malicious prosecution of the plaintiff as an insane person, and causing him to be unlawfully arrested and committed to the insane asylum at Stockton. A demurrer to the complaint was sustained by the court. The plaintiff declined to amend his complaint, and final judgment was thereupon rendered against him, dismissing his complaint, and for costs, from which he appeals on the judgment roll.
The grounds of demurrer are, that the complaint does not state facts sufficient to constitute a cause of action; and…
2Cases cited1 opinion
- Wadsworth v. . Sharpsteen and MoffatNew York Court of Appeals · 1853
3Cited by51 opinions
- Hellman Commercial Trust & Savings Bank v. AldenCalifornia Supreme Court · 1929
- People v. Superior CourtCalifornia Supreme Court · 1935
- Clay Thomas v. Scott EschenCourt of Appeals for the Eighth Circuit · 2019
- National Surety Co. v. PageCourt of Appeals for the Fourth Circuit · 1932
- Hsu v. Mt. Zion HospitalCalifornia Court of Appeal · 1968
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