Fleischhauer v. Fabens
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. A. L. Rhodes, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
This is an action for malicious prosecution. The plaintiff was arrested on a charge of grand larceny preferred by the defendant, and at the hearing before a justice of the peace he was discharged. He thereupon brought this action for damages for malicious prosecution, and after a trial by jury recovered judgment against the defendant for the sum of $377 and costs.
This is an appeal from the judgment and from an order denying defendant’s motion for a new trial.
Very briefly the facts of the case are, that plaintiff and defendant lived in the same neighborhood in San Jose; that defendant was…
2Cases cited5 opinions
- Ball v. RawlesCalifornia Supreme Court · 1892
- Harkrader v. MooreCalifornia Supreme Court · 1872
- Wild v. OdellCalifornia Supreme Court · 1880
- Garoutte v. WilliamsonCalifornia Supreme Court · 1895
- Reynolds v. DunlapSupreme Court of Kansas · 1906
3Cited by7 opinions
- Jaffe v. StoneCalifornia Supreme Court · 1941
- Glass v. ParrishSupreme Court of Florida · 1951
- Franzen v. ShenkCalifornia Supreme Court · 1923
- Richter v. NeilsonCalifornia Court of Appeal · 1936
- Zurich Insurance v. PetersonCalifornia Court of Appeal · 1986
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