King v. Montgomery

Citations

• 50 Cal. 115
• 1875 Cal. LEXIS 101

Syllabus

<p>Damages for Suing out Attachment.—In an action for damages for maliciously suing out a writ of attachment, and causing the same to be levied on the property of the plaintiff, the complaint must aver that the writ was sued out and prosecuted without probable cause.</p> <p>Dismissal of Action.—When a cause is called for trial, the action may be dismissed on motion of the defendant if the complaint does not contain a cause of action, and the plaintiff declines to amend.</p>