Sutton v. Stephan
California Supreme Court
Appeal from a judgment of the Superior Court of Plumas County. The facts are stated in the opinion. The action of claim and delivery is proper under section 3051 of the Civil Code, even when there has been a conversion or other wrongful act amounting to a conversion on the part of the defendant. (Rogers v. Huie, 2 Cal. 571; 56 Am. Dec. 363.) If a lien be claimed by defendant the same can be adjusted in an action of claim and delivery, and thus put an end to litigation.
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Appeal from a judgment of the Superior Court of Plumas County. The facts are stated in the opinion. The action of claim and delivery is proper under section 3051 of the Civil Code, even when there has been a conversion or other wrongful act amounting to a conversion on the part of the defendant. (Rogers v. Huie, 2 Cal. 571; 56 Am. Dec. 363.) If a lien be claimed by defendant the same can be adjusted in an action of claim and delivery, and thus put an end to litigation. This action lies for all goods and chattels unlawfully obtained, provided plaintiff has the right to the possession. {Lazará…
1Opinion of the Court
Seakls, C.—
This is an action in claim and delivery. Defendant justified his right to retain possession of the property demanded (a horse, buggy, harness, etc.) as the keeper of a livery and feed stable, with whom the property had been left by plaintiff to be fed and cared-for, and claimed as due him on account of such feed and care the sum of three hundred and fifty-nine dollars and seventy-five cents, for which sum he claimed a lien upon the property in his possession.
The cause was tried by the court, and written findings filed in favor of defendant, upon which judgment was entered for costs…
2Cases cited1 opinion
- Maynard v. . AndersonNew York Court of Appeals · 1873
3Cited by9 opinions
- Brittan v. Oakland Bank of SavingsCalifornia Supreme Court · 1899
- Williams v. AsheCalifornia Supreme Court · 1896
- Chase v. PutnamCalifornia Supreme Court · 1897
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
- Kertz v. ParisCalifornia Court of Appeal · 1959
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