Young v. Wright
California Supreme Court
Appeal from the District Court, First Judicial District, County of San Luis Obispo. Action to recover the possession of one thousand and fifty sheep, or, if delivery could not be had, of their value, and damages.
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Appeal from the District Court, First Judicial District, County of San Luis Obispo. Action to recover the possession of one thousand and fifty sheep, or, if delivery could not be had, of their value, and damages. The defendant John Wright Jr., in his answer, set up that he took up the sheep on the 18th of March, 1876, while they were trespassing on his land, and that he gave the plaintiff notice of the taking up, and of the damage he had sustained, to wit, twenty-five dollars; that the plaintiff refused to pay the same, and take the sheep away, and that, within two days after the taking up,…
1Opinion of the Court
argued that it was a proceeding in equity, and that the Justice had no jurisdiction.
William J. Graves, for the Respondents.
By the Court, Cbockett, J.:
The demurrers to the original and supplemental answers of the defendant John Wright Jr. should have been sustained. The attempted justification for the seizure and detention of the sheep, set up as a defense in these answers, is founded on proceedings commenced and prosecuted before a Justice of the Peace, under the Act of February 4th, 1874. (Statutes 1873-4, p. 50.) The plaintiff contends that the jurisdiction attempted to be conferred by the…
2Cases cited2 opinions
- Gray v. PalmerCalifornia Supreme Court · 1865
- People v. MierCalifornia Supreme Court · 1864
3Cited by18 opinions
- Traffic Truck Sales Co. v. Justice's CourtCalifornia Supreme Court · 1923
- Overton v. WhiteCalifornia Court of Appeal · 1937
- People v. WalkerCalifornia Court of Appeal · 1926
- City of Los Angeles v. MellusCalifornia Supreme Court · 1881
- State v. LagoniMontana Supreme Court · 1904
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