Legal Opinion

Marsters v. Lash

California Supreme Court

Decided October 30, 1882No. 8,167PublishedCited by 24 opinions

Appeal by plaintiff from a judgment of the Superior Court of the County of Siskiyou, and from an order denying a motion for new trial. Steele, J. Action to recover specific personal property or its value and damages, for the detention. The facts are stated in the opinion of the Court.

1Opinion of the Court

Thornton, J.:

This action was brought to recover of defendant certain personal property, consisting of sixteen head of horses, twenty-two head of cattle, and a wagon, averred to be the property of the plaintiff, and to be detained from her by defendant. The cause was tried by the Court without a jury, and j udgment was rendered for defendant. Appeal was taken by plaintiff from the judgment and an order denying her motion for a new trial.

Issue is joined by the pleadings on the title to the property sued for and each part thereof. The findings do not pass on all such issues. There should be a…

2Cases cited1 opinion

  1. Norris v. HarrisCalifornia Supreme Court · 1860

3Cited by24 opinions

  1. Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900
  2. Westbay v. GrayCalifornia Supreme Court · 1897
  3. Wickersham v. JohnstonCalifornia Supreme Court · 1894
  4. Shumway v. LeakeyCalifornia Supreme Court · 1885
  5. Security-First National Bank v. GreenCalifornia Court of Appeal · 1935

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