Berri v. Rogero

Appeal from an order setting aside default and vacating judgment.

Plaintiff, Bernardo Berri, sued Maria Rogero and Pietro Rogero to recover one thousand dollars for alleged malicious acts of Maria Rogero and malicious prosecution by her of a civil action. The facts alleged in the complaint and out of which the cause of action arose are, in brief, as follows: Berri had commenced an action against Pietro Rogero in the justice court of San Francisco to recover two hundred dollars on Pietro’s promissory note; a writ of attachment was issued in the case, and a levy was made by the sheriff upon one…