Dreux v. Domec
California Supreme Court
Appeal from the First District. Action for malicious prosecution. The complaint avers that defendants Domec, Leude and Carmel “ contriving and maliciously intending to injure the said plaintiff in his good name and reputation, and to cause him to be imprisoned,” etc., and “ wholly to ruin him,” “ falsely and maliciously and without any reasonable or probable cause indicted, and caused and procured to be indicted, one Charles Leboubon and this plaintiff,” for an assault with…
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Appeal from the First District. Action for malicious prosecution. The complaint avers that defendants Domec, Leude and Carmel “ contriving and maliciously intending to injure the said plaintiff in his good name and reputation, and to cause him to be imprisoned,” etc., and “ wholly to ruin him,” “ falsely and maliciously and without any reasonable or probable cause indicted, and caused and procured to be indicted, one Charles Leboubon and this plaintiff,” for an assault with intent to murder said Domec; and that they also prosecuted said indictment in the Court of Sessions, where after a jury…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
This was a suit for a malicious prosecution. Several defendants are charged, the complaint averring that the defendants, contriving and maliciously intending to injure the plaintiff, etc., procured him to be indicted. The complaint seems to follow the precedent of Chitty in cases of a similar cause of complaint against a single defendant. A demurrer was interposed, among other grounds, because no averment is made of any joint agency on the part of the defendants in instituting this prosecution. The demurrer was overruled.
It is well settled that this action…
2Cases cited1 opinion
- Green v. PalmerCalifornia Supreme Court · 1860
3Cited by14 opinions
- Rush v. FrenchArizona Supreme Court · 1874
- Bowman v. WohlkeCalifornia Supreme Court · 1913
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- State v. JonesNevada Supreme Court · 1872
- People v. RichardsCalifornia Supreme Court · 1885
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