Fong v. Sternes
Citations
- 79 Cal. 30
- 21 P. 381
- 1889 Cal. LEXIS 663
Syllabus
<p>Change ob Venue —Action bob. False Impkisonment—Residence ob Dependant. —In an action for false imprisonment, the defendant has a right to have the case transferred to the county of his residence.</p> <p>Id.—Complaint bob False Impbisonment—Bübden ob Allegation— Justification. — If the -complaint shows a physical and bodily restraint, it is not necessary that it should allege that such restraint was malicious, or without probable cause, or unlawful. Whoever imprisons another must (except in certain cases under special statutes) justify himself by showing that the imprisonment was lawful.</p> <p>Id. —Complaint with a Double Aspect. —If the plaintiff frames his complaint With a double aspect, in one of which the defendant has a right to a change of venue, but not in the other, the complaint will be construed against the pleader, and the case will be transferred.</p> <p>Id. —Complaint Stating Two Causes ob Action. — If a complaint states two causes of action, as to one of Which the defendant has a right to a change of venue, but not as to the other, the case will he transferred.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a claimant must state the agency “asserted to be” responsible, not the agency that “actually is” responsible
- noting that a claimant must state the agency “asserted to be responsible” not the agency that “actually is” responsible
- noting that “the plain language of the statute requires the identification of the agency asserted to be responsible, rather than identification of the agency actually responsible”
- noting that “the plain language of the statute requires the identification of the agency asserted to be responsible, rather than 9 identification of the agency actually responsible”
- addressing the Georgia Tort Claims Act’s ante li- tem notice requirement and explaining that its “purpose . . . is to ensure that the state receives adequate notice of the claim to facili- tate settlement before the filing of a lawsuit”
- plaintiff complied with statute when she named the agency she believed to be responsible at the time she served her initial notice
Source: CourtListener parenthetical corpus (CC0).
Judges: Hayne, McFarland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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