Porter v. Hermann
California Supreme Court
Appeal from the Superior Court of the City of Sau Francisco. The complaint in this action alleges the possession, in January, 1856, by the defendant, of eleven thousand one hundred and fifty-six dollars, collected by him, “ as the agent, or attorney in fact, of the plaintiff,” and his embezzlement and conversion of the money to his own use, and prays that he may be adjudged guilty of fraud, and for judgment for the amount and interest, and execution against his person and…
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Appeal from the Superior Court of the City of Sau Francisco. The complaint in this action alleges the possession, in January, 1856, by the defendant, of eleven thousand one hundred and fifty-six dollars, collected by him, “ as the agent, or attorney in fact, of the plaintiff,” and his embezzlement and conversion of the money to his own use, and prays that he may be adjudged guilty of fraud, and for judgment for the amount and interest, and execution against his person and property. The defendant was personally served, and failing to answer, his default was entered, and the case went to the…
1Opinion of the Court
Field, J., after stating the facts, delivered the opinion of the Court.
It is unnecessary to examine the evidence, as we are satisfied that the allegations of the complaint are insufficient to sustain a verdict, convicting the defendant of fraud. The allegations are made, and the verdict is sought in order that the judgment may be enforced by the arrest and imprisonment of the person of the defendant. They must therefore bring the case clearly within the provisions of the statute authorizing arrests, and must be certain and positive, and not ambiguous, argumentative, or in the alternative. The…
2Cited by12 opinions
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