Holliday

Holliday v. Holliday

Good Law
1898 Cal. LEXIS 1038·6 Cal. Unrep. 1·53 P. 42
Supreme Court of CaliforniaApril 26, 1898L. A. No. 338California2,757 words

Opinion

Lead Opinion

Belcher, J.

This is an action to recover damages for malicious prosecution and false imprisonment, based on a proceeding instituted by defendants against plaintiff before a justice -of the peace, under the provisions of sections 701 to 714 of the Penal Code. The complaint contains four counts. The first count alleges that on the nineteenth day of August, 1895, in the city -of Los Angeles, the defendants falsely and maliciously, and without reasonable or probable cause, charged plaintiff before William Young, a justice of the peace within and for the township of Los Angeles, with having threatened to burn the personal property of defendants, and to shoot, stab and kill defendants, and that said defendants had just cause to fear the said threats would be carried into execution by said plaintiff if she was not restrained by the court, and procured said justice to issue a warrant for the arrest of plaintiff on said charge; and thereupon plaintiff was arrested under said warrant, and imprisoned in the county jail of Los Angeles county for the space of eight days. It is then alleged “that on the twenty-seventh day of August, 1895, upon petition of plaintiff for discharge *3 upon a writ of habeas…

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