Krause

Krause v. Spiegel

Good Law
15 L.R.A. 707·1892 Cal. LEXIS 694·94 Cal. 370·29 P. 707
Supreme Court of CaliforniaApril 28, 1892No. 14626California1,752 words

Opinion

Lead Opinion

Belcher, J.

It is alleged in the complaint in this case that in December, 1887, the defendant appeared before a justice of the peace, and falsely and maliciously, and without reasonable or probable cause, made a verified complaint charging plaintiff “ with having committed slander of and concerning defendant,” and procured the justice to issue a warrant for the arrest of plaintiff upon said charge; that the justice issued the warrant accordingly, and plaintiff was arrested and imprisoned thereunder for six hours, when he was released by the justice upon his own recognizance; that thereafter plaintiff was examined before the justice upon the said charge of slander, and no one appearing to prose *372 cute, he was acquitted and discharged; that the said charge and the arrest of plaintiff thereunder was extensively published by the procurement of defendant, and by reason thereof plaintiff was greatly injured in his business, credit, and reputation; that defendant well knew he had no cause for the arrest of plaintiff, and that be swore to the warrant for the purpose and with the intent of harassing and annoying plaintiff, and that the same did harass and annoy°him; and that by reason of the…

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