Legal Opinion

Maskell v. Barker

California Supreme Court

Decided October 7, 1893No. 19187PublishedCited by 11 opinions

Appeal from a judgment of the Superior Court of Los Angeles County. The facts are stated in the opinion of the court.

1Opinion of the CourtFitzgerald, J.

This is an appeal upon the judgment roll from a judgment on demurrer to the complaint. The action is for damages, and the complaint, in substance, alleges that the defendant maliciously and without probable cause sued out a writ of attachment against plaintiff’s property and extorted from him the money sued for, upon a threat made by defendant that if the same was not paid he would cause the writ to be levied on certain real property of the plaintiff which he was about to sell, and thereby defeat the consummation of such sale; that the writ was delivered for levy to a constable, who, iu…

2Cited by11 opinions

  1. Hayashida v. KakimotoCalifornia Court of Appeal · 1933
  2. Hayes v. Union Mercantile Co.Montana Supreme Court · 1902
  3. Graham v. RenoColorado Court of Appeals · 1894
  4. Long v. Burley State BankIdaho Supreme Court · 1917
  5. Menager v. FarrellArizona Supreme Court · 1899

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