Jones v. Morse
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. Silas Dildine was indebted to Abijali Baker in the sum of four thousand four hundred and forty dollars. Baker, on the 30th of August, 1867, sued him to recover the money, and procured a writ of attachment, which was placed in the hands of the defendant, Morse, who was Sheriff of Alameda County.
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Appeal from the District Court, Third Judicial District, Alameda County. Silas Dildine was indebted to Abijali Baker in the sum of four thousand four hundred and forty dollars. Baker, on the 30th of August, 1867, sued him to recover the money, and procured a writ of attachment, which was placed in the hands of the defendant, Morse, who was Sheriff of Alameda County. On the day before the issuance of the attachment, Dildine sold to the plaintiff, Jones, a number of horses, some harness, and a quantity of wheat in the sack. The defendant, as Sheriff, by virtue of the attachment, levied on this…
1Opinion of the Court
By the Court, Sanderson, J. :
The Court erred in allowing defendant’s witness, Riser, to testify against the objection of the plaintiff as to the declarations made by Dildine at the house of the' witness on the morning after the sale. Declarations of the vendor of personal property, made before the sale, are admissible for the purpose of showing a fraudulent intent on his part. (Landecker v. Houghtaling, 7 Cal. 391.) But declarations made after the sale stand upon a different ground, and cannot be received. (Paige v. O'Neil, 12 Cal. 496; Visher v. Webster, 13 Cal. 58; Cohn v. Mulford, 15 Cal.…
2Cases cited5 opinions
- Paige v. O'NealCalifornia Supreme Court · 1859
- Visher v. WebsterCalifornia Supreme Court · 1859
- Lick v. MaddenCalifornia Supreme Court · 1864
- Cohn v. MulfordCalifornia Supreme Court · 1860
- Landecker v. HoughtalingCalifornia Supreme Court · 1857
3Cited by4 opinions
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- Napolitano v. MartonCalifornia Court of Appeal · 1961
- Garlick v. BowersCalifornia Supreme Court · 1884
- Eppinger v. ScottCalifornia Supreme Court · 1896