Legal Opinion

Cleave v. Bucher

California Supreme Court

Decided July 3, 1889No. 12369PublishedCited by 11 opinions

Appeal from a judgment of the Superior Court of Modoc County. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

— This is an action for damages against a sheriff for the alleged failure to return a writ of execution.

A demurrer was filed to the amended complaint, stating as grounds therefor,— 1. “That said amended complaint does not state facts sufficient to constitute a cause of action against the defendant as sheriff of Modoc County; 2. That said amended complaint does not state facts sufficient.to constitute a cause of action; 3. That said amended complaint is ambiguous and uncertain in this: It does not appear with certainty therein whether or not this action is sought to be maintained…

2Cases cited1 opinion

  1. Hibberd v. SmithCalifornia Supreme Court · 1875

3Cited by11 opinions

  1. Cochrane v. CochraneCalifornia Court of Appeal · 1943
  2. Shields v. ShieldsCalifornia Court of Appeal · 1942
  3. Glynn v. GlynnNorth Dakota Supreme Court · 1898
  4. Reed v. MolonyCalifornia Court of Appeal · 1940
  5. Weldy v. WeldyNorth Dakota Supreme Court · 1945

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