Bliss v. Wyman
California Supreme Court
Appeal from the District Court of Eleventh Judicial District, County of El Dorado. This was an action brought by the plaintiff, Bliss, against the defendants, for damages sustained by reason of a malicious prosecution. The chief ground of the defence, was that the defendants had acted under the advice of counsel, in preferring a charge of grand larceny, for stealing cattle, against the plaintiff, and causing him to be indicted therefor.
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Appeal from the District Court of Eleventh Judicial District, County of El Dorado. This was an action brought by the plaintiff, Bliss, against the defendants, for damages sustained by reason of a malicious prosecution. The chief ground of the defence, was that the defendants had acted under the advice of counsel, in preferring a charge of grand larceny, for stealing cattle, against the plaintiff, and causing him to be indicted therefor. The testimony in the case discloses that they did state some of the most prominent facts to their usual counsel, who advised them to go before the district…
1Opinion of the CourtTerry, J.
This is an appeal from a judgment in an action for malicious prosecution. There are no errors of law assigned. The appellants’ argument is addressed to the facts of the case, and these facts abundantly sustain the verdict.
Not only is it shown that there was no reasonable or probable cause for the prosecution instituted by defendants, but that defendants, having every reason to know the innocence of plaintiff, and his uniform good character, and after expressing themselves satisfied on this point, instituted from express malice.
In order that a party may avail himself of the defence of advice…
2Cited by5 opinions
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