Vanalstine v. Whelan
California Supreme Court
The facts are stated in the opinion of the court. Reddy, Campbell & Metson, for R. I. Whelan, Sheriff, Appellant. Cannon & Freeman, and Dinkelspiel & Gesford, for D. A. Curtin, Appellant.
1Opinion of the CourtMcFARLAND, J.
This is an action to recover certain goods attached by defendant Whelan, sheriff, as the property of defendants in certain attachment suits. Judgment went for plaintiff, and defendants appeal.
Appellants contend, among other things, that the complaint does not state a cause of action, because it is merely averred therein that at times prior to the commencement of the„s.uit plaintiff was the owner and entitled to the possession-of, the goods,; and there is no averment of the ultimate fact that he was not so the owner and, entitled to the possession when the action was commenced,. We see no…
2Cases cited7 opinions
- Fredericks v. TracyCalifornia Supreme Court · 1893
- Cohen v. KnoxCalifornia Supreme Court · 1891
- Affierbach v. McGovernCalifornia Supreme Court · 1889
- Holly v. HeiskellCalifornia Supreme Court · 1896
- Truman v. YoungCalifornia Supreme Court · 1898
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3Cited by6 opinions
- Kachig v. BootheCalifornia Court of Appeal · 1971
- Miller and Lux v. Kern County Etc. Co.California Supreme Court · 1908
- Bush v. BushUtah Supreme Court · 1919
- Ackley v. MaggiCalifornia Court of Appeal · 1927
- Wilkinson v. GrantCalifornia Court of Appeal · 1920
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