Gee

Gee v. Fong Poy

Good Law
1928 Cal. App. LEXIS 299·88 Cal. App. 627·264 P. 564
Court of Appeal of CaliforniaJanuary 26, 1928Docket No. 6010.California1,940 words

Opinion

Lead Opinion

Parker, J.

-This is an appeal from a judg-. ment rendered in an action for slander growing out of certain statements alleged to have been made by the defendant concerning plaintiff. The case was tried by the court sitting with a jury, and a verdict returned in favor of plaintiff and assessing damages against said defendant in the sum of five thousand five hundred dollars. Upon the verdict judgment was entered as indicated.

Both plaintiff and defendant are Chinese. The main complaint and, indeed, the sole complaint of appellant is that owing to misconduct of counsel for plaintiff the defendant was denied a fair trial in the court below. This ground embraces many factors all intimately connected therewith. When we state that the misconduct alleged is the sole complaint it may be understood that we include therein the effects of this misconduct as evidenced by the verdict and judgment.

In order that there may be an application of the law relative thereto it is necessary to detail in some particularity the facts of the case and the history of its trial.

The complaint sets up three causes of action, each alleging a separate slander, though in each instance the slanderous words alleged to have…

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