Strong v. Patterson
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. Action against the defendant, Sheriff of Sacramento Co., for refusing to attach and safely keep certain personal property as the property of H&rdenbergh & Henarie, attachment debtors named in the writ.
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Appeal from the District Court of the Sixth Judicial District. Action against the defendant, Sheriff of Sacramento Co., for refusing to attach and safely keep certain personal property as the property of H&rdenbergh & Henarie, attachment debtors named in the writ. The answer, among other defences, avers that previous to the issuance of the plaintiff's attachment, the attachment debtors, Hardenbergh & Henarie, had made a bona fide conveyance of the property to J. B. Bidleman, subject to certain prior attachments. It does not set up however that after the issuance of plaintiff's attachment,…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
This was an action in the Court below against the defendant as sheriff, for refusing to levy an attachment, upon certain personal property.
The complaint is verified, as well as the answer. On the trial of the cause, the defendant offered evidence to prove a trial of the right of property by a sheriff’s jury, and a verdict for the claimant. By the provisions of the statute in such cases, it would be necessary for the plaintiff to tender the Sheriff a sufficient bond of indemnity, before he could…
2Cited by8 opinions
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