Taylor v. Bidwell
California Supreme Court
The judgment was upon demurrer to the complaint. The complaint averred in substance that the defendants colluded and confederated together for the purpose of falsely charging the plaintiff with the crime of arson, and maliciously prosecuting him for the supposed crime, and causing him to be convicted and imprisoned therefor; that defendants set fire or caused fire to be set to a barn in furtherance of the conspiracy, and caused the plaintiff to be arrested and tried upon the…
Read the full summary
The judgment was upon demurrer to the complaint. The complaint averred in substance that the defendants colluded and confederated together for the purpose of falsely charging the plaintiff with the crime of arson, and maliciously prosecuting him for the supposed crime, and causing him to be convicted and imprisoned therefor; that defendants set fire or caused fire to be set to a barn in furtherance of the conspiracy, and caused the plaintiff to be arrested and tried upon the charge of arson: that at the trial the defendants procured false evidence to be produced before the jury, by means of…
1Opinion of the CourtRoss, J.
The gravamen of the action is the alleged malicious prosecution. The averments of the complaint, with respect to the conspiracy of the defendants, are not of the gist of the action; that lies in the wrongful and damaging act done. (Herron v. Hughes, 25 Cal. 560.) Said Chief Justice Holt, in Savile v. Roberts, 1 Raym. Ld. 378: “An action will not lie for the greatest conspiracy imaginable if nothing be put in execution; but if the party be damaged the action will lie. From whence it follows that the damage is the ground of action.” (See also Hutchins, v. Hutchins, 7 Hill, 104.)
The averments…
2Cases cited6 opinions
- Smith v. LewisNew York Supreme Court · 1808
- Herron v. HughesCalifornia Supreme Court · 1864
- Piller v. S. Pac. R.R.California Supreme Court · 1877
- Smith v. LowryNew York Court of Chancery · 1814
- Wood v. CurreyCalifornia Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Cedars-Sinai Medical Center v. Superior CourtCalifornia Supreme Court · 1998
- Agnew v. ParksCalifornia Court of Appeal · 1959
- Temple Community Hospital v. Superior CourtCalifornia Supreme Court · 1999
- Dean v. KirklandAppellate Court of Illinois · 1939
- DOCTORS'CO. INS. SERVICES v. Superior CourtCalifornia Court of Appeal · 1990
24 more not listed; retrieve them via the Exa API.