Legal Opinion

Visher v. Webster

California Supreme Court

Decided July 1, 1857PublishedCited by 15 opinions

Appear from the District Court of the Fifth Judicial District, County of San Joaquin. This was an action against the defendant Webster, as sheriff, of San Joaquin county, to recover damages for an alleged unlawful seizure of certain personal property, which the plaintiff claimed by purchase from one Hiram Dennis.

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Appear from the District Court of the Fifth Judicial District, County of San Joaquin. This was an action against the defendant Webster, as sheriff, of San Joaquin county, to recover damages for an alleged unlawful seizure of certain personal property, which the plaintiff claimed by purchase from one Hiram Dennis. The sheriff justified the taking by setting forth that the property attached belonged to Dennis, and that the sale to plaintiff was fraudulent and void, and that A. FT. Fisher & Co., as the creditors of Dennis, had placed in his hands attachment process, by virtue of which he had…

1Opinion of the CourtBurnett, J.

This was an action brought to recover damages against the defendant, sheriff of San Joaquin county, for wrongfully seizing the property of plaintiff, under an attachment,,at the suit of A. U. Fisher & Co. v. Hiram Dennis. The property was claimed "by the plaintiff, under a sale from Dennis, and the defendant set up fraud in the sale. Upon the trial, it was necessary for the defendant to prove that Fisher & Co. were creditors of Dennis; and to do this, he introduced a copy of the record in the attachment suit, and the note of Dennis, upon which that suit wrs founded. In reference to this note,…

2Cited by15 opinions

  1. Holmes v. TrumperMichigan Supreme Court · 1871
  2. Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
  3. National Exchange Bank v. LesterNew York Court of Appeals · 1909
  4. Glasscock v. First National BankTexas Supreme Court · 1924
  5. Diamond Distilleries Co. v. GottCourt of Appeals of Kentucky · 1910

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