gno.law

King v. Montgomery

California Supreme Court · No. 4236 · 1875-07-01 · Published · 50 Cal. 115 · 1875 Cal. LEXIS 101

WILLIAM KING v. W. W. MONTGOMERY

Area
civil
Panel
Niles (author)

Analysis

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Opinion — Niles

By the Court, Niles, J.:

The 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.

Judgment affirmed.

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