KENNALEY v. SUPERIOR COURT

Docket No. S.F. 19071.

43 Cal.2d 512 (1954)

275 P.2d 1

THOMAS H. KENNALEY, Petitioner, v. SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; FRANK D. HILL, Real Party in Interest.

Supreme Court of California. In Bank.

October 22, 1954.


Attorney(s) appearing for the Case

Sidney L. Berlin and Byron J. Snow for Petitioner.

No appearance for Respondent.

Hancock, Elkington & Rothert and Frank V. Kington for Respondent and Real Party in Interest.


TRAYNOR, J.

Petitioner Kennaley brought an action for damages against Frank D. Hill for assault and battery, false arrest, and malicious prosecution. Hill filed an answer and a cross-complaint alleging a cause of action for slander, which occurred as part of the transaction set forth in the complaint as the foundation of petitioner's claim. Petitioner then filed a notice of motion to dismiss the cross-complaint on the ground...

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