Legal Opinion

Wild v. Odell

California Supreme Court

Decided July 1, 1880No. 7,175PublishedCited by 7 opinions

Appeal from a judgment for the plaintiff, and from an order denying a motion for a new trial, in the Sixth District Court, County of Sacramento. Denson, J.

1Opinion of the Court

Sharpstein, J.:

The plaintiff in his complaint alleges, that the defendant maliciously, and without probable cause, procured the arrest and imprisonment of the plaintiff upon a charge of grand larceny. The defense is, that the prosecution was not malicious, but was instituted by the defendant for good and just motives.

It appears, from the statement on motion for a new trial, that the plaintiff Wild testified on the trial of this case, that about three A. M. October 20th, 1878, he found two cows in his garden, eating vegetables and destroying trees, and drove them into his corral; that in the…

2Cited by7 opinions

  1. Sandell v. ShermanCalifornia Supreme Court · 1895
  2. Fleischhauer v. FabensCalifornia Court of Appeal · 1908
  3. Quiñones v. RosadoSupreme Court of Puerto Rico · 1920
  4. Stone v. WolfeCalifornia Supreme Court · 1914
  5. Perry v. Washington National Insurance Co.California Court of Appeal · 1936

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