Legal Opinion
Norton v. John M. C. Marble Co.
California Court of Appeal
Decided January 24, 1939No. Civ. 12020PublishedCited by 11 opinions
1Opinion of the CourtCrail, P. J.
This is an appeal from a judgment of dismissal in an action for the recovery of damages for malicious prosecution after the sustaining of the defendants’ demurrers to the complaint without leave to amend, and from an order denying the plaintiff’s motion to set aside the order sustaining the demurrers.
The demurrers were sustained on the ground that the plaintiff having alleged iñ his complaint that he was convicted before the municipal court, there was no allegation that said conviction was obtained by fraud, and therefore the complaint conclusively showed probable cause for the prosecution.
The…
2Cases cited13 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Holliday v. HollidayCalifornia Supreme Court · 1898
- White v. BrinkmanCalifornia Court of Appeal · 1937
- Carpenter v. SibleyCalifornia Supreme Court · 1908
- Stewart v. DouglassCalifornia Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kachig v. BootheCalifornia Court of Appeal · 1971
- Bealmear v. Southern Cal. Edison Co.California Supreme Court · 1943
- Cowles v. CarterCalifornia Court of Appeal · 1981
- Chauncey v. NiemsCalifornia Court of Appeal · 1986
- Cooper v. Pirelli Cable Corp.California Court of Appeal · 1984
6 more not listed; retrieve them via the Exa API.