Legal Opinion

Chamberlin v. Vance

California Supreme Court

Decided July 1, 1875No. 4367PublishedCited by 23 opinions

Appeal from the District Court, Eighth Judicial District, County of Humboldt. The plaintiffs, in their complaint, alleged that they were husband and wife, and that the defendant was keeeping a hotel at Eureka, in the county of Humboldt, and that on the 14th day of December, 1872, in room Ho. 2 of the hotel occupied by Mr. Graham and his wife, some clothing hanging on a rack was set on fire and partly consumed; and that, on the 16th of the same month, in another room of the…

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Appeal from the District Court, Eighth Judicial District, County of Humboldt. The plaintiffs, in their complaint, alleged that they were husband and wife, and that the defendant was keeeping a hotel at Eureka, in the county of Humboldt, and that on the 14th day of December, 1872, in room Ho. 2 of the hotel occupied by Mr. Graham and his wife, some clothing hanging on a rack was set on fire and partly consumed; and that, on the 16th of the same month, in another room of the hotel occupied by the defendant, some person placed a lighted match on a counterpane, and that the defendant, intending…

1Opinion of the Court

By the Couet:

The demurrer to this complaint was properly overruled. The complaint avers: 1 ‘ And in that behalf plaintiff further alleges as a fact, that by all the foregoing false, malicious and defamatory words, the said defendant intended to convey the further meaning, and that the said words were by the said persons in whose presence and hearing they were so uttered and published, understood and believed to convey the meaning that the said Eliza J. communicated the fire to the said clothes in the said room No. 2, at the time and place aforesaid, as hereinbefore set forth, and that she,…

2Cases cited3 opinions

  1. Wilson v. FitchCalifornia Supreme Court · 1871
  2. Maynard v. Fireman's Fund InsuranceCalifornia Supreme Court · 1867
  3. Kennedy v. GiffordNew York Supreme Court · 1838

3Cited by23 opinions

  1. Davis v. HearstCalifornia Supreme Court · 1911
  2. Scott v. Times-Mirror Co.California Supreme Court · 1919
  3. People v. McLeanCalifornia Supreme Court · 1890
  4. Post Pub. Co. v. HallamCourt of Appeals for the Sixth Circuit · 1893
  5. Harris v. ZanoneCalifornia Supreme Court · 1892

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