Watrous v. Cunningham
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new trial. The action was for the claim and delivery of certain hogs, which had been attached by one of the defendants, a sheriff, as the property of one Ho. Yuclc, in an action wherein J. D. McDougald was plaintiff, and Ho Yuck was defendant. The hogs in question had originally belonged to McDougald, but had been sold, as claimed by him, to Ho Yuck.
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Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new trial. The action was for the claim and delivery of certain hogs, which had been attached by one of the defendants, a sheriff, as the property of one Ho. Yuclc, in an action wherein J. D. McDougald was plaintiff, and Ho Yuck was defendant. The hogs in question had originally belonged to McDougald, but had been sold, as claimed by him, to Ho Yuck. The plaintiff, on the contrary, claimed that the sale had been made to him. On the special issue submitted to them as to whom the sale had been made,…
1Opinion of the Court
Foote, C.
This was an action-of claim and delivery for certain hogs.
The cause was tried by a jury,-and a verdict and judgment were had in favor of the defendant. From that judgment, and an order denying a new trial, the plaintiff has appealed.
The question asked the plaintiff when a witness upon the stand, “ What did you say in the office of Campbell and Muenter at that time?” was objected to by counsel, the objection overruled, and he assigns that for error.
This witness in his examination in chief said: “As soon as I found that the hogs were attached, I went to Mr. Campbell’s office to explain…
2Cases cited5 opinions
- Jackson v. Feather River & Gibsonville Water Co.California Supreme Court · 1859
- Harper v. LampingCalifornia Supreme Court · 1867
- Stoddard v. TreadwellCalifornia Supreme Court · 1865
- Thornton v. HookCalifornia Supreme Court · 1868
- Neal v. NealCalifornia Supreme Court · 1881
3Cited by7 opinions
- State v. MarrenIdaho Supreme Court · 1910
- Radtke v. TaylorOregon Supreme Court · 1922
- Chan Kiu Sing v. GordonCalifornia Supreme Court · 1915
- People v. DeckertCalifornia Court of Appeal · 1926
- Knight v. BentelCalifornia Court of Appeal · 1919
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