Killey v. Scannell
California Supreme Court
Appeal from the Fourth District, County of San Francisco. This was an action to recover the possession or the value of certain personal property, comprising the furniture, fixtures and stock of the “ Empire State Saloon.” The property was, on the nineteenth day of February, 1857, seized by the defendant as Sheriff of San Francisco county, under an attachment against one Wilson.
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Appeal from the Fourth District, County of San Francisco. This was an action to recover the possession or the value of certain personal property, comprising the furniture, fixtures and stock of the “ Empire State Saloon.” The property was, on the nineteenth day of February, 1857, seized by the defendant as Sheriff of San Francisco county, under an attachment against one Wilson. Prior to the seizure of the property by the defendant, the plaintiff, by an instrument in writing, bargained and sold the property to Wilson, and, by the terms of the agreement, the property was to be delivered and…
1Opinion of the CourtTerry, C. J.
The judgment is affirmed for the reasons given in the written opinion of the Judge of the Fourth District filed in the record.
The following is the opinion of the District Judge referred to in the foregoing opinion of this Court:
“ There is no allegation or proof on the part of the plaintiff that he either gave notice of his claim to, or demanded the property in question of, the defendant before the commencement of his action. Wilson being in the possession at the time of the levy, and having apparently the control of the property, was prima fade the owner. It was the official duty of the…
2Cited by7 opinions
- Mutch v. Long Beach Improvement Co.California Court of Appeal · 1920
- George H. Fuller Desk Co. v. McDadeCalifornia Supreme Court · 1896
- Vose & Co. v. StickneySupreme Court of Minnesota · 1862
- Mariner v. WasserNorth Dakota Supreme Court · 1908
- Henriques v. Bank of CottonwoodCalifornia Court of Appeal · 1929
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