Servanti v. Lusk
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Eraucisco. On the 16th of March, 1869, the plaintiff commenced an action against F. Crochet upon a demand for five hundred and sixty dollars and sixty-seven cents, and procured an attachment which was placed in the Sheriff’s hands, who thereupon attached two horses, a set of double harness, and a double wagon, and a leasehold interest in a small tract of land.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Eraucisco. On the 16th of March, 1869, the plaintiff commenced an action against F. Crochet upon a demand for five hundred and sixty dollars and sixty-seven cents, and procured an attachment which was placed in the Sheriff’s hands, who thereupon attached two horses, a set of double harness, and a double wagon, and a leasehold interest in a small tract of land. Crochet claimed the horses, harness, and wagon as exempt from execution, and demanded a return of the same. The Sheriff refused to return the same…
1Opinion of the Court
By the Court,
Crockett, J;:
The wagon, horses, and harness seized under the plaintiff’s attachment, were exempt from execution, and were none the less so because the defendant in the attachment owned them, and used them in common with a stranger to the action. The Sheriff violated his duty in refusing to release them from the attachment on the demand of the defendant therein, after being informed and having ascertained that they were exempt from execution. In exacting the undertaking sued upon as a condition on which he would release the property from the attachment, he exceeded his authority…
2Cited by7 opinions
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- Sterman v. HannSupreme Court of Iowa · 1913
- Wise v. FreyNebraska Supreme Court · 1878
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