Beckman v. Manlove
California Supreme Court
Appeal from the Sixth District. Under an execution issued on a judgment in favor of one Williams, and against Beckman & Schwegerle, defendant Manlove, as Sheriff, levied on and sold two horses and a wagon belonging to Beckman, who claimed the property to be necessary for his use as a farmer, and, therefore, exempt from execution.
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Appeal from the Sixth District. Under an execution issued on a judgment in favor of one Williams, and against Beckman & Schwegerle, defendant Manlove, as Sheriff, levied on and sold two horses and a wagon belonging to Beckman, who claimed the property to be necessary for his use as a farmer, and, therefore, exempt from execution. Beckman sued Manlove for the value; and the main defense was, that Beckman was not a farmer, but a hotel keeper in the city of Sacramento, and that the property seized was not exempt. Beckman having recovered judgment for the value of the property, Manlove then…
1Opinion of the CourtCope, J.
Field, J. concurring.
The plaintiff recovered a judgment against the defendant for the seizure, under execution, of certain exempt property. The defendant afterwards procured an assignment of the judgment upon which the execution issued, and thereupon moved the Court to set off the latter judgment against the former. The Court denied the motion; and the defendant appeals.
We think the relief asked was properly refused. The defendant was sued as a -wrong doer, and, as between him and the plaintiff, the judgment for the value of the property must be regarded as standing in the place of the…
2Cases cited1 opinion
- Mallory v. Norton & ScottNew York Supreme Court · 1856
3Cited by10 opinions
- Kruger v. Wells Fargo BankCalifornia Supreme Court · 1974
- Treat v. WilsonSupreme Court of Kansas · 1902
- Herman v. MillerSupreme Court of Kansas · 1876
- Dutton & Rutherford v. MasonCourt of Appeals of Texas · 1899
- California Cotton Credit Corporation v. Superior CourtCalifornia Court of Appeal · 1932
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