Davitt v. American Bakers' Union

Citations

• 124 Cal. 99
• 56 P. 775
• 1899 Cal. LEXIS 948

Syllabus

<p>Boycotting—Injunction — Pleading—Uncertainty—Special Demurrer.—A complaint in an action for damages and for a perpetual injunction to prevent the boycotting of the plaintiffs’ business by the defendants, which deals in generalities throughout, and does not state any specific overt acts done in pursuance of the conspiracy charged, nor specify what particular threats were made, or what amount or kind of force was used, or what kind or character of menace was exercised, or how the business was to he boycotted, nor set out the substance of false and malicious publications and circulars alleged to have been pub- . . lished and circulated by the defendants, in front of plaintiff’s place of business, to prevent persons from dealing with them, is insufficient upon special demurrer for uncertainty, if not upon general demurrer.</p> <p>Id.—Pleading in Equity.—A pleading which asks for the interposition of equitable relief must state the specific facts upon which the relief is sought; and inferences, generalities, presumptions, and conclusions have no place in such a pleading.</p> <p>Id.—Conspiracy not Actionable.—A conspiracy, however atrocious its purpose, is not the subject of a civil action.</p> <p>Id.—Contents of Publications.—The contents of the false and malicious publications and circulars alleged to have been published and distributed by defendants to injure plaintiff’s business, or at least the substance of them, must be set out in the complaint, that it may appear whether or not they were upon their face • ' injurious.</p>