Legal Opinion

Nelson v. Kellogg

California Supreme Court

Decided May 17, 1912No. L.A. No. 2909PublishedCited by 30 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County. Frederick W. Houser, -Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

In an action for false imprisonment plaintiff recovered judgment for five hundred dollars against Wm. Kellogg and J. T. Whaley. Kellogg alone appeals.

The arrest complained of was made .upon a warrant issued in a civil action instituted by Kellogg against the plaintiff. Among the errors complained of are the rulings of the court in giving instructions to the jury to the effect that the affidavit upon which the warrant was issued was defective because the allegations therein were made solely on information and belief, it being claimed by appellant that they were positive in form, and in…

2Cases cited14 opinions

  1. Hale v. San Bernardino Valley Traction Co.California Supreme Court · 1909
  2. Diller v. Northern California Power Co.California Supreme Court · 1912
  3. Neves v. CostaCalifornia Court of Appeal · 1907
  4. Elder v. KutnerCalifornia Supreme Court · 1893
  5. Donnelly v. HufschmidtCalifornia Supreme Court · 1889

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3Cited by30 opinions

  1. Brandt v. Superior CourtCalifornia Supreme Court · 1985
  2. Cassim v. Allstate InsuranceCalifornia Supreme Court · 2004
  3. Prentice v. North American Title Guaranty Corp.California Supreme Court · 1963
  4. Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957
  5. Collyer v. S. H. Kress & Co.California Supreme Court · 1936

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