Weaver v. Page
California Supreme Court
Appeal from the District Court of the? Seventh Judicial District, County of Rapa. The plaintiff brought his action against Daniel D. Page and others, constituting the firm of Page, Bacon & Co., for $25,000 damages, for the malicious prosecution and continuation of a civil action against plaintiff, in which defendants caused an attachment to issue, under which plaintiff’s property was siezed and detained for about four months.
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Appeal from the District Court of the? Seventh Judicial District, County of Rapa. The plaintiff brought his action against Daniel D. Page and others, constituting the firm of Page, Bacon & Co., for $25,000 damages, for the malicious prosecution and continuation of a civil action against plaintiff, in which defendants caused an attachment to issue, under which plaintiff’s property was siezed and detained for about four months. The defendants, on the cause being called for trial, moved on the usual affidavits for a commission to take testimony, and also moved for a continuance for the purpose…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Chief Justice Murray concurred.
This is an action to recover damages against defendants, for the malicious prosecution of a civil suit against the plaintiff.
The plaintiff, at San Francisco, on the 27th of July, 1853, drew a set of bills of exchange in favor of defendants, on one Weaver, of Columbus, in the State of Ohio. The bills were sent, according to the usage of trade,—one by each of the usual routes of travel. The second of exchange was presented at the place of payment on the 27th of August, and the drawee being absent, was…
2Cited by6 opinions
- Bertero v. National General Corp.California Supreme Court · 1974
- Singleton v. SingletonCalifornia Court of Appeal · 1945
- Bailey v. DodgeSupreme Court of Kansas · 1882
- Heine v. WrightCalifornia Court of Appeal · 1926
- Clark v. NordholtCalifornia Supreme Court · 1898
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