Benedict v. Bray
California Supreme Court
Appeal from the Eleventh Judicial District, El Dorado County. The respondent filed his complaint against the appellants and D. K. Newell, for that the plaintiff was not, at the time of the defendants bringing suit against him as thereinafter mentioned, nor had he ever been in any manner indebted to the defendants, yet the defendants, well knowing the premises, but intending to injure the plaintiff, &c., at, &c., on the 22d day of August, 1851, filed their complaint against…
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Appeal from the Eleventh Judicial District, El Dorado County. The respondent filed his complaint against the appellants and D. K. Newell, for that the plaintiff was not, at the time of the defendants bringing suit against him as thereinafter mentioned, nor had he ever been in any manner indebted to the defendants, yet the defendants, well knowing the premises, but intending to injure the plaintiff, &c., at, &c., on the 22d day of August, 1851, filed their complaint against the plaintiff in a certain justice’s Court in said county, declaring that the plaintiff was indebted to them in the sum…
1Opinion of the CourtJustice Anderson
delivered the opinion of the Court.—(After stating the facts.) The magistrate had no jurisdiction to the extent of the debt claimed, which was $1000. He had no authority to issue the attachment, nor to take the bond upon which the suit is brought; and that bond was taken after the dismissal of the attachment by the appellants.
The respondent exercised full authority over his property, which had been levied on under the attachment; and that on the day of the levy. He disposed of it for his convenience and legal relief, and it was so received by the magistrate; and the appellants do not appear…
2Cases cited1 opinion
- Thompson v. LockwoodNew York Supreme Court · 1818
3Cited by16 opinions
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Caffrey v. DudgeonIndiana Supreme Court · 1872
- Central Banking & Security Co. v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1913
- Barker v. Ohio River RailroadWest Virginia Supreme Court · 1902
- Stowe v. MatsonCalifornia Court of Appeal · 1949
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