Anderson v. Coleman
California Supreme Court
Appeal from the District Court of the Twenty-Second Judicial District, Marin County. Action for damages alleged to have been caused by defendant in maliciously suing out an injunction. The defendant was the owner of a tract of land adjoining the town of San Eafael, known as the “Picnic Valley Tract.” The tract was laid out into small lots suitable for homesteads.
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Appeal from the District Court of the Twenty-Second Judicial District, Marin County. Action for damages alleged to have been caused by defendant in maliciously suing out an injunction. The defendant was the owner of a tract of land adjoining the town of San Eafael, known as the “Picnic Valley Tract.” The tract was laid out into small lots suitable for homesteads. The plaintiffs for many years maintained a large slaughter-house, with cattle-pens, hog-pens, and sheep-pens, upon a lot within the corporate limits of San Eafael. The business became a nuisance in the neighborhood, and the Town…
1Opinion of the Court
By the Court :
Irrespective of the other points relied upon by the appellant, and which it is not necessary to notice now, we are satisfied that there was error in the refusal of the Court below to give the second instruction asked by the defendant and refused by the Court. That instruction, as asked, was as follows :■ “ Second —If the defendant instituted the action against W. W. Anderson and E. Dubois to obtain an injunction in good faith, without malice, and with no other motive than to protect his own property from threatened injury, the plaintiffs cannot, in this action, recover against…
2Cited by11 opinions
- Jones v. JonesCalifornia Supreme Court · 1886
- Smith v. Liverpool & London & Globe Ins. Co.California Supreme Court · 1895
- Dowdell v. CarpyCalifornia Supreme Court · 1900
- Lee v. LevisonCalifornia Supreme Court · 1916
- Redgate v. Southern Pacific Co.California Court of Appeal · 1914
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