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CASEY v. KATZ

Docket No. 15130.

114 Cal.App.2d 391 (1952)

250 P.2d 291

THOMAS CASEY, Appellant, v. PHIL C. KATZ, as Administrator, etc., Respondent.

Court of Appeals of California, First District, Division Two.

November 26, 1952.

Attorney(s) appearing for the Case

Lionel Browne and Harold A. Harwood for Appellant.

Henry F. Boyen, Frank J. Fontes and Douglas M. Moore for Respondent.

DOOLING, J.

Plaintiff brought an action for malicious prosecution against defendant as administrator of the estate of Harry Lasky, deceased. A demurrer to the amended complaint was sustained without leave to amend and from the judgment which followed this appeal was taken.

The amended complaint alleges that Lasky died on September 21, 1949, and that defendant was appointed administrator of his estate on October 19, 1949. It contains no allegation that a claim...

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