Robinson v. Kellum

Decided July 1, 1856

California Supreme Court · decided 1856-07-01

This was an action on the case to recover $2000 damages for wrongfully suing out an injunction in an action in which final judgment was entered against the plaintiff in that action, defendant herein. It is not averred in the complaint that the injunction was sued out through malice or without probable cause.

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Decided 1856-07-01

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Cited by 18 later decisions — most recently July 2019

1 federal appellate · 17 state decisions

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Mr. Justice Heydenfeldt delivered the opinion of the Court.

¶1Mr. Chief Justice Murray concurred.

¶2 *400An action on the case will not lie for improperly suing out an injunction, unless it is charged in the declaration as an abuse of the process of the Court through malice, and without probable cause. If the act complained of is destitute of these ingredients, then the only remedy of the injured party is an action upon the injunction bond, which is specially provided by the statute as a protection against injury, even without malice.

¶3The judgment is reversed, and the cause remanded.