De Temple v. Alexander
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. The plaintiff, on May 10th, 1876, filed a complaint, alleging that on the 28th of April, 1876, John Temple, a minor of the age of twenty years, the son of the plaintiff, was the owner of ninety head of cattle, of the value of S3,000, and that the plaintiff then had the property in her possession, “ as the mother of said John Temple, taking care of the same for said John.”
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Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. The plaintiff, on May 10th, 1876, filed a complaint, alleging that on the 28th of April, 1876, John Temple, a minor of the age of twenty years, the son of the plaintiff, was the owner of ninety head of cattle, of the value of S3,000, and that the plaintiff then had the property in her possession, “ as the mother of said John Temple, taking care of the same for said John.” That at the same time and place, one Lucinda Temple, a daughter of said plaintiff, a minor of the age of sixteen years, was the owner…
1Opinion of the Court
By the Court :
Had the action of A. M. W. de Temple against the Sheriff proceeded to judgment without the appearance of other parties in the controversy, it is clear that while she might have recovered a judgment in form against the Sheriff for the return of the cattle in controversy, she could not have enforced such a judgment against him. The stipulation of May 15th, united in by all of the 'then parties to the action, was intended to remove the property from the custody of the Sheriff and place it in that of keepers selected by the parties -themselves; and the effect of the stipulation,…
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