Harvey v. Fisk
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. This was a motion by plaintiff, as constable, made on notice, under the two hundred and twenty-fourth section of the Practice Act, for judgment of $650, against defendant Fisk, as defaulting bidder at a constable’s sale, of property under execution. The only defence relied upon by defendant was, the illegality of the officer’s notice of the sale of the property.
1Opinion of the Court
Terry, C. J., delivered the opinion of the Court—Burnett, J.,. concurring.
This was a« proceeding under the two hundred and twenty-fourth section of the Practice Act, to recover from defendant, the loss occasioned by his refusal to pay the amount of his bid at a sale under execution of certain property.
There are numerous objections to the rejection of testimony offered by defendant, which it will not be necessary to notice in detail, as the testimony offered was not pertinent to any material issue raised by the pleadings.
The plaintiff alleged the sale of the property under execution, after…
2Cases cited3 opinions
- Smith v. RandallCalifornia Supreme Court · 1856
- Williams v. SmithCalifornia Supreme Court · 1856
- People ex rel. Kohler v. HaysCalifornia Supreme Court · 1855
3Cited by1 opinion
- Nixon v. TriberIdaho Supreme Court · 1979