Metz v. Schweitzer
Utah Supreme Court
Appeal from a judgment granting a mandate of the ■district court of tbe third district. The opinion states the facts, except that the part of the order referred to by the -court, is as follows: Now, therefore, it is hereby ordered, adjudged and de■creed, that the said Campbell S. Brown, defendant, as such officer, forthwith release and surrender to the plaintiff Metz, all of said trunks and contents thereof, except trunk No. 3, B. B. & Co., and contents, and that the said…
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Appeal from a judgment granting a mandate of the ■district court of tbe third district. The opinion states the facts, except that the part of the order referred to by the -court, is as follows: Now, therefore, it is hereby ordered, adjudged and de■creed, that the said Campbell S. Brown, defendant, as such officer, forthwith release and surrender to the plaintiff Metz, all of said trunks and contents thereof, except trunk No. 3, B. B. & Co., and contents, and that the said Brown, as such constable, proceed to sell said trunk No. 3, and contents as provided by law.
1Opinion of the Court
MINER, J.:
From the record in this case, it appears that in January, 1892, Louis Schweitzer, one of the appellants, recovered a judgment for $85 and costs against the respondent, Marcus Metz. That, in March following, the justice of the peace before whom the judgment was obtained issued an execution on said judgment to appellant, Campbell S. Brown, a constable, who levied upon four leather sample trunks and contents as the property of Marcus Metz. After such levy was made, Brown Brothers & Co., of San Francisco, brought suit in claim and delivery against Louis Schweitzer and Campbell S. Brown,…
2Cases cited5 opinions
- Hyatt v. AllenCalifornia Supreme Court · 1880
- Babcock v. GoodrichCalifornia Supreme Court · 1874
- Johnson v. State BarCalifornia Supreme Court · 1937
- Reed v. GrantCalifornia Supreme Court · 1854
- Rankin v. EkelCalifornia Supreme Court · 1884