Poinsett v. Taylor
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The plaintiff filed his complaint against the defendant, as Sheriff of San Joaquin County, for trespass in seizing certain goods of plaintiff. A demurrer and answer being filed, the plaintiff filed an amended complaint, declaring against the defendant by name, and not as sheriff, to which the defendant plead the general issue.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The plaintiff filed his complaint against the defendant, as Sheriff of San Joaquin County, for trespass in seizing certain goods of plaintiff. A demurrer and answer being filed, the plaintiff filed an amended complaint, declaring against the defendant by name, and not as sheriff, to which the defendant plead the general issue. On the trial the plaintiff proved the property to be his, and then offered to prove that the defendant was the sheriff of the county, and that John W. Webster was his under sheriff,…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.
Under any aspect of this case, the rulings of the Court below were erroneous.
It was unnecessary for the plaintiff to declare against the defendant as sheriff, although even this is sufficiently stated in the first count of his declaration. If the defendant had been only a private individual, it was competent for the plaintiff to prove that Webster, who committed the trespass, was his agent or servant, and acting under his commands. The defendant also in his answer assumes the responsibility of…
2Cited by5 opinions
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