History
  • No items yet
midpage
Lapique v. Dunnigan
210 Cal. 281
Cal.
1930
Check Treatment

THE COURT.

[1] By the institution of this action the plaintiff sought to recover damages in the sum of one million dollars for an alleged malicious prosecution. Demurrers to the second amended complaint were sustained without leave to amend, and from the several judgments thereafter entered plaintiff prosecuted this appeal. Since perfecting his appeal, the appellant has passed away. As evidence of this fact there has been filed herein a certified copy of a certificate of death, showing that appellant expired on September 24, 1927. The original certificate is on file in the office of the health officer of the city of San Rafael.

As malicious prosecution is an injury to the person, a cause of action based thereon dies with the person. (1 Cal. Jur. 71, sec. 41; 16 Cal. Jur. 743, sec. 12.) It follows, therefore, that the appeal must be, and it is hereby, dismissed. *Page 282

Case Details

Case Name: Lapique v. Dunnigan
Court Name: California Supreme Court
Date Published: Sep 11, 1930
Citation: 210 Cal. 281
Docket Number: Docket No. L.A. 8896.
Court Abbreviation: Cal.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.