Miller v. Van Tassel
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, Tehama Comity. The record of the Circuit Comí of the United States, spoken of in the opinion of the Court, contained a certified copy of a summons in an action brought by the United States against Miller to recover possession of the jack, proof of service on Miller, his voluntary surrender of the property, and a dismissal of the action by the Attorney for the United States.
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Appeal from the District Court, Fifteenth Judicial District, Tehama Comity. The record of the Circuit Comí of the United States, spoken of in the opinion of the Court, contained a certified copy of a summons in an action brought by the United States against Miller to recover possession of the jack, proof of service on Miller, his voluntary surrender of the property, and a dismissal of the action by the Attorney for the United States. The plaintiff recovered judgment in the Court below, and the defendant appealed. The following is a copy of the hill of sale of the jack : “ This is to certify…
1Opinion of the Court
By the Court, Rhodes, J.
This action was brought by the vendee of an American jack to recover back from the vendor the purchase money, on the ground that the vendor had no title at the time of the sale. The first count of the complaint amounts merely to the common count for money had and received by the defendant to the use of the plaintiff. The second count states, in substance, that the defendant represented to plaintiff that he, the defendant, was the owner of and entitled to sell the property; that thereupon the defendant executed to the plaintiff a bill of sale of the property, a copy of…
2Cases cited3 opinions
- Creery v. HollyNew York Supreme Court · 1835
- Mumford v. McPhersonNew York Supreme Court · 1806
- Edick v. CrimNew York Supreme Court · 1851
3Cited by8 opinions
- Spottiswood v. WeirCalifornia Supreme Court · 1889
- Conrad National Bank v. Great Northern Railway Co.Montana Supreme Court · 1900
- Lafrance v. KashishianCalifornia Supreme Court · 1928
- Gross v. KierskiCalifornia Supreme Court · 1871
- In Re PlummerCalifornia Court of Appeal · 1947
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