Legal Opinion

Going v. Dinwiddie

California Supreme Court

Decided December 10, 1890No. 13694PublishedCited by 21 opinions

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

1Opinion of the CourtMcFarland, J.

This is an action for alleged false imprisonment. Defendant demurred to the complaint. His demurrer was overruled, and upon his refusal to answer, judgment was rendered against him. He appeals from the judgment, and relies for reversal upon the insufficiency of the complaint.

In the complaint, it is first averred that on a certain day defendant “imprisoned plaintiff, and caused her to he imprisoned and deprived of her liberty for a period of five days, unlawfully, and with force, and without probable cause, on a pretended charge of contempt of court.” The “ circumstances attending and…

2Cases cited5 opinions

  1. Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
  2. Turpen v. BoothCalifornia Supreme Court · 1880
  3. Downer v. LentCalifornia Supreme Court · 1856
  4. Triscony v. BeasleyCalifornia Supreme Court · 1875
  5. Wells, Fargo & Co. v. Pacific InsuranceCalifornia Supreme Court · 1872

3Cited by21 opinions

  1. Wise v. Southern Pacific Co.California Court of Appeal · 1963
  2. Monahan v. Department of Water & PowerCalifornia Court of Appeal · 1941
  3. Hawkins v. Oakland Title Insurance & Guaranty Co.California Court of Appeal · 1958
  4. Smith v. ClarkUtah Supreme Court · 1910
  5. Irwin v. MurphyCalifornia Court of Appeal · 1933

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