Felonicher

Felonicher v. Stingley

Good Law
142 Cal. 630·1904 Cal. LEXIS 992·76 P. 504
Supreme Court of CaliforniaMarch 28, 1904S.F. No. 3518.California1,902 words

Opinion

Lead Opinion

Cooper, J.

Action to recover damages for trespass brought against defendant Stingley, as constable, and the other defendants, sureties on his official bond.

Plaintiff recovered judgment,' from which this appeal is taken on the judgment-roll. The complaint alleges: “That on or about the sixth day of January, 1902, at Sanger, in the county of Fresno, said defendant, Samuel Stingley, acting in his official capacity as such constable as aforesaid, and without authority of law, and without cause and without right, willfully, maliciously, and knowingly did make and cause to be made upon Mrs. Josephine Felonicher, the plaintiff, an assault and trespass in this: That the said defendant, Samuel Stingley, did with force and violence compel said plaintiff, a married woman, to take off her clothes and submit to an examination of her person, and did willfully, maliciously, and knowingly, and without cause and without right, seize, and take away from her person and premises the following described property: Four rings, one chain-bracelet and locket and one knife, all of which caused plaintiff grievous mental suffering and humiliated her in the presence and. minds of her neighbors to her great damage in…

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