Sheldon v. Loomis
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. < The defendant was a constable in Solano County, and an attachment and execution were placed in his hands, issued in the suit of F. <& M. Dinlcenspiel v. J. D. Perhins. By virtue of the writs defendant levied on a quantity of personal property as the property of Perkins. Plaintiffs laid claim to the property. This suit" was brought to recover possession of the same.
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Appeal from the District Court, Seventh Judicial District, Solano County. < The defendant was a constable in Solano County, and an attachment and execution were placed in his hands, issued in the suit of F. <& M. Dinlcenspiel v. J. D. Perhins. By virtue of the writs defendant levied on a quantity of personal property as the property of Perkins. Plaintiffs laid claim to the property. This suit" was brought to recover possession of the same. Plaintiffs recovered judgment, and defendant appealed. The other facts are stated in the opinion of the Court..
1Opinion of the Court
*123By the Court,
Sawyer, J.
This is an action to recover a quantity of lumber. Defendant justifies the taking and detention under an attachment and execution issued in the suit of Frank et al. v. Perkins. Defendant offered in evidence the proceedings before a constable’s jury to try the right of property on a claim made by plaintiffs in pursuance of sections two hundred and eighteen and six hundred and two of the Practice Act, and the verdict of the constable’s jury against the plaintiffs in that proceeding/ The evidence was excluded on objection by plaintiffs, and defendant excepted. This verdict…
2Cases cited1 opinion
- Reed v. Industrial Accident CommissionCalifornia Supreme Court · 1937
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- Graves v. ButcherSupreme Court of Kansas · 1880