[Download] "Vallindras V. Massachusetts Bonding And Insurance Co." by Supreme Court Of California * eBook PDF Kindle ePub Free
eBook details
- Title: Vallindras V. Massachusetts Bonding And Insurance Co.
- Author : Supreme Court Of California
- Release Date : January 22, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Plaintiff appeals from a judgment for defendants after general demurrers to his amended complaint were sustained without leave to amend. The complaint attempts to state a cause of action for damages for false imprisonment against Sheriff Daniel C. Murphy and his surety. It alleges that the defendant sheriff "did unlawfully imprison plaintiff in the County Jail." It specifies that in April, 1950, the sheriff imprisoned plaintiff under an order of the superior court adjudging him guilty of contempt for wilful failure to pay attorney's fees and support money to his wife in a pending divorce action; a copy of the order is attached to the complaint and made a part thereof. The complaint further avers that the contempt order was "void upon its face"; that on application to this court plaintiff was discharged from such imprisonment by writ of habeas corpus (In re Vallindras (1950), 35 Cal. 2d 594 [220 P.2d 1]); and that as a result of his imprisonment he sustained certain damages. The complaint does not negative any of the facts upon which the order of commitment was based. We have concluded that the facts alleged in the amended complaint do not, and it appears therefrom that plaintiff cannot, state a cause of action for false imprisonment.