Gogue v. MacDonald

This is an appeal from a judgment dismissing the action after a general demurrer to the complaint had been sustained and the plaintiff refused to amend. The complaint shows the following facts:

On June 22,1948, the defendant went before a justice of the peace at Fortuna, California, and complained that the plaintiff had removed himself and his belongings from the defendant’s cottage without paying rent due in the sum of $95. The justice of the peace prepared a criminal complaint and issued a warrant of arrest based on an alleged violation of section 537 of the Penal Code. The plaintiff was…