Sanford v. Boring
California Supreme Court
Appeal from the Fourteenth District, County of Nevada. This was an action against the defendant, Sheriff of Nevada county, for a failure to make a levy and sale of property—previously attached in the same suit—under an execution issued upon a judgment in favor of plaintiff and against Pultney & Armstrong. Plaintiff also claimed the penalty of two hundred dollars given by statute for failure of the Sheriff to return the execution within sixty-days, as therein commanded.
Read the full summary
Appeal from the Fourteenth District, County of Nevada. This was an action against the defendant, Sheriff of Nevada county, for a failure to make a levy and sale of property—previously attached in the same suit—under an execution issued upon a judgment in favor of plaintiff and against Pultney & Armstrong. Plaintiff also claimed the penalty of two hundred dollars given by statute for failure of the Sheriff to return the execution within sixty-days, as therein commanded. The testimony, as well as the findings of the Court, disclose the following facts: The plaintiff, Sanford, brought suit…
1Opinion of the CourtBaldwin, J.
We see no error in this record. The action was brought against the defendant, Sheriff, to recover of him so much money, being the value of property in his hands, which he had levied on and suffered to remain in the possession of the defendant in attachment. Upon obtaining judgment, the plaintiff sued out execution, but the money was not made on it. We think the complaint is suEcient. It sets out the facts: That an attachment was levied upon suEcient property to
satisfy the debt by the Sheriff; and that an execution was issued on the judgment subsequently had and placed in the Sheriff’s hands,…
2Cited by14 opinions
- Green v. HooperNevada Supreme Court · 1917
- Sparks v. BucknerCalifornia Court of Appeal · 1936
- Oronoz & Co. v. AlvarezSupreme Court of Puerto Rico · 1916
- Tuman v. BrownCalifornia Court of Appeal · 1943
- E.H. Beemer v. E.J. SeabornNevada Supreme Court · 1933
9 more not listed; retrieve them via the Exa API.