¶1I concur in the judgment and in the reasoning of the foregoing opinion in respect to the admissibility of the evidence which was rejected; but, to avoid misapprehension, it may he proper to state, that though the plaintiffs themselves testified to the ill feeling of the husband toward the defendant, there was no proof to show that the defendant, when he arrested Mrs. Lyon, was aware that her husband cherished an inimical feeling toward him, or had made any threats against him; and he should have been allowed to testify to his knowledge or information on that point, as a circumstance tending to show that he had reasonable ground to suspect that she was the person who had thrown the missile through the window, and hence that he was not actuated by malice in making the arrest.
35 Cal. 372
Lyon v. Hancock
Decided July 1, 1868
California Supreme Court · decided 1868-07-01
The plaintiffs were husband and wife, and complained that on the 3d day of October, 1866, the defendant assaulted and beat the wife, and restrained her of her liberty by arresting her and taking her to prison, for some alleged offense, in the City of San Francisco. Plaintiffs claimed five thousand dollars damages.
Good law ✅— No negative treatment on recordhow we know
Decided 1868-07-01
How this case has been cited
Cited by 12 later decisions (1 by the Supreme Court) — most recently April 1983
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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