California Supreme Court, 1875

King v. Montgomery

King v. Montgomery
California Supreme Court · Decided July 1, 1875 · No. 4236 · Niles
50 Cal. 115; 1875 Cal. LEXIS 101
King v. Montgomery

Opinion of the Court

By the Court, Niles, J.:

The complaint contained no averment that the action against Dobbs and King was commenced, or the writ of attachment sued out and prosecuted, without probable cause. In this the complaint was clearly insufficient, and the plaintiff declining to amend, the motion to dismiss was properly granted.

Judgment affirmed.

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