Stevens v. Irwin
California Supreme Court
Appeal from the Fourteenth District, County of Sierra. This was an action of replevin to recover certain personal property, taken by the defendant, as Sheriff, under a process against B. C. Stevens. The plaintiff had judgment in the Court below, and defendant moved for a new trial, which was denied, and he appealed to this Court. The facts sufficiently appear in the opinion of the Court.
1Opinion of the CourtBaldwin, J.
This was an action of replevin against the Sheriff for certain chattels. The question before the jury was one of fraud, the defendant setting up that the goods were in possession of one B. C. Stevens, a brother of plaintiff, against whom the defendant, as Sheriff, had process ; the plaintiff asserting that the goods were his, and that B. C. Stevens was only his agent, managing and controlling his business, and without interest or ownership in the property. The business seems to have been conducted in the name of the plaintiff, who was shown to have been absent from, if not residing out of,…
2Cited by5 opinions
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