Peterson v. Nesbitt
California Court of Appeal
APPEAL from a judgment of the Superior Court of Monterey County. John E. Richards, Judge presiding. The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
Plaintiff brought this action against the defendant, who is the sheriff of Monterey county, to recover damages for allowing the escape of one Marcelin Cartier, who had been arrested upon mesne process in a civil action, brought by this plaintiff against said Marcelin Cartier. At the trial plaintiff offered in evidence the affidavit upon which the order of arrest had been made, but upon objection of defendant the court refused to admit it in evidence, and as a result plaintiff was unable to prove her case, and at the close of her testimony the court granted defendant’s motion for a nonsuit.…
2Cases cited4 opinions
- Neves v. CostaCalifornia Court of Appeal · 1907
- Ligare v. California Southern RailroadCalifornia Supreme Court · 1888
- Ex parte Yonetaro FkumotoCalifornia Supreme Court · 1898
- Ex Parte HowitzCalifornia Court of Appeal · 1906
3Cited by3 opinions
- Murray v. Superior CourtCalifornia Supreme Court · 1955
- In Re GillettCalifornia Court of Appeal · 1920
- In Re MillerCalifornia Court of Appeal · 1922