Russell v. Dennison (1875) · DecisionDepot

Russell v. Dennison

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1875 No. No. 3573Published

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Holding. The court granted a rehearing unless the respondent filed a release of one-half the damages recovered, which the respondent subsequently filed, resulting in the denial of the rehearing.

Issues

Whether a rehearing should be granted contingent upon the respondent's release of a portion of the damages.

Disposition. Rehearing denied

Quotations verified verbatim against the opinion

“the court, at the April term, 1873, made an order granting a rehearing, unless the respondent would file in the office of the clerk of this court a release of one-half the damages recovered.”

“The respondent filed the release, and the rehearing was denied.”

Synopsis

Damages for Malicious Pbosecution.—Case stated in which a verdict of seven thousand dollars damages for a malicious prosecution was held to be excessive.

The above case is reported in 45th Cal. 342. After the opinion had been delivered, a petition for a rehearing was [244]filed, and the court, at the April term, 1873, made an order granting a rehearing, unless the respondent would file in the office of the clerk of this court a release of one-half the damages recovered. The respondent filed the release, and the rehearing was denied. The order escaped the notice of the Beporter at the time, and is inserted here so that the last head-note in the report of the case may not mislead the profession.

Russell v. Dennison

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