50 Cal. 115
Decided July 1, 1875
California Supreme Court · decided 1875-07-01
The complaint averred that the defendant, Montgomery, sued the plaintiff, King, and one Enoch Dobbs, in Justice’s Court, for $270, and recovered judgment, and that the plaintiff King appealed to the County Court, where judgment was rendered in his favor.
Good law ✅— No negative treatment on recordhow we know
Decided 1875-07-01
Cited by 15 later decisions — most recently March 1968
1 district · 12 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.
View the full empirical analysis of this case →
¶1The complaint contained no averment that the action against Dobbs and King was commenced, or the writ of attachment sued out and prosecuted, without probable cause. In this the complaint was clearly insufficient, and the plaintiff declining to amend, the motion to dismiss was properly granted.
¶2Judgment affirmed.