Carpenter

Carpenter v. Ashley

Caution
15 Cal. App. 461·1911 Cal. App. LEXIS 333·115 P. 268
Court of Appeal of CaliforniaFebruary 23, 1911Civ. No. 800.California2,734 words

Opinion

Lead Opinion

Burnett, J.

The action was brought by an attorney at law against two other attorneys for malicious prosecution and conspiracy, whereby, it is alleged in the complaint, said defendants "corruptly, maliciously and without probable or any cause prosecuted plaintiff before the grand jury and before a trial jury in the superior court for the crime of perjury,” securing an indictment for said offense and subjecting the defendant therein to the expense, annoyance and ignominy of a public trial lasting five days and resulting in his acquittal. Every allegation in the complaint impugning the motive or challenging the good faith of defendants or charging the want of probable cause for said prosecution is denied in the answer. There was a demand and motion for a change of venue on the part of plaintiff, supported by his affidavit, in which some startling and rather grotesque accusations are made against the defendants, to the effect that “they are and were skilled in the art of securing verdicts and manipulating the members of the panel, and aside from such skilled manipulations, they exercised such influence and power over the citizens who were or might be called to pass upon their conduct as to make…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.