Legal Opinion

McBeth & Compton v. McIntyre

California Supreme Court

Decided July 1, 1880No. 6,793PublishedCited by 12 opinions

Appeal from a judgment for the plaintiffs, in the Second District Court, County of Plumas. Clough, J. The plaintiffs had judgment for $450, the amount of the judgment recovered against the constable.

1Opinion of the CourtRoss, J.

An execution having been issued on a judgment rendered in a certain action in favor of A. D. McIntyre, and against one Shiers, a levy was made by the constable, Bransford, upon certain personal property which was claimed by the plaintiffs McBeth & Compton. Notwithstanding the claim of the latter, McIntyre directed the constable to sell the property in accordance with the execution, and gave him the bond here sued on to indemnify him against “ all damage, expense, cost, and charges, and against all loss and liability,” which he might incur thereby. The property was sold accordingly, and McBeth…

2Cases cited2 opinions

  1. Chace v. HinmanNew York Supreme Court · 1832
  2. Jones v. ChildsNevada Supreme Court · 1872

3Cited by12 opinions

  1. Alberts v. American Casualty Co.California Court of Appeal · 1948
  2. Stephens v. Pennsylvania Casualty Co.Michigan Supreme Court · 1903
  3. Estate of TroyCalifornia Supreme Court · 1931
  4. Louisville Title Insurance v. Surety Title & Guaranty Co.California Court of Appeal · 1976
  5. MacArthur Brothers Co. v. . KerrNew York Court of Appeals · 1915

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