King v. Davis
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. On the 23d of July, A. D. 1864, Leopold King and Anthony King, partners in business under the firm name of L. King & Brother, brought this action against Henry L. Davis, Sheriff of the City and County of San Francisco, to recover the possession of certain goods and chattels, alleged to be of the value of thirty thousand dollars currency of the United States, charged to have been…
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. On the 23d of July, A. D. 1864, Leopold King and Anthony King, partners in business under the firm name of L. King & Brother, brought this action against Henry L. Davis, Sheriff of the City and County of San Francisco, to recover the possession of certain goods and chattels, alleged to be of the value of thirty thousand dollars currency of the United States, charged to have been unlawfully and wrongfully seized and taken by the defendant from the possession of the plaintiffs, in the City and County…
1Opinion of the Court
By the Court, Sanderson, J.:
The point made by the appellants, that the answer does not make an issue of fraud, cannot be considered by us further than to say that it comes too late. The answer contains a general allegation of fraud, and the appellants went to trial upon the issue thus joined, without taking any exception to the answer on the score of sufficiency. 3STor was any objection made by the appellants to the testimony introduced by the respondent in support of the issue of fraud; on the contrary, that issue was assumed to have been properly made, and was tried upon its merits. Under…
2Cases cited2 opinions
- Crans v. . HunterNew York Court of Appeals · 1863
- Meeker v. HarrisCalifornia Supreme Court · 1861
3Cited by11 opinions
- Severance v. Knight-Counihan Co.California Supreme Court · 1947
- Illinois Trust & Savings Bank v. Pacific Railway Co.California Supreme Court · 1896
- Northwestern Mutual Fire Ass'n v. Pacific Wharf & Storage Co.California Supreme Court · 1921
- Murdock v. ClarkeCalifornia Supreme Court · 1891
- Lee v. FiggCalifornia Supreme Court · 1869
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