Wood v. McDonald
California Supreme Court
Appeal from a judgment of the Superior Court of Monterey County, and from an order refusing a new trial. The action was brought to recover possession of certain personal property, which originally came into the possession of the defendant as the agent of the plaintiff.
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Appeal from a judgment of the Superior Court of Monterey County, and from an order refusing a new trial. The action was brought to recover possession of certain personal property, which originally came into the possession of the defendant as the agent of the plaintiff. In his answer, the defendant set up his discharge in insolvency from all debts and liabilities incurred prior to Nov. 4th, 1881. The present action was commenced Nov. 1st, 1881. The further facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
This is an action to recover personal property. The court below gave judgment in favor of plaintiff for delivery, etc., and denied the defendant’s motion for a new trial.
The appellant, defendant, makes three points:
First, it was not proved that plaintiff made demand for the property; second, the court below failed to find, upon the issue made by the defendant’s averment in his answer, that he had been discharged from his debts in an insolvency proceeding; third, the court erred in sustaining the plaintiff’s objection to the introduction in evidence of the certificate of discharge.
When…
2Cited by12 opinions
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- San Diego Construction Co. v. MannixCalifornia Supreme Court · 1917
- Smith v. JaccardCalifornia Court of Appeal · 1912
- Neyland v. BrammerCourt of Appeals of Texas · 1933
- Remy v. OldsCalifornia Supreme Court · 1891
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