Triscony v. Beasley
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Monterey. The plaintiff, in his complaint, averred that, in November, 1871, he leased, by lease in writing, to Jose Llaguno, two thousand ewes, for the term of two years, commencing on the 1st day of September, 1871, and that the lessee took possession, and that abont the 28th of June, 1872, while the lessee was in possession of the sheep, as bailee of the plaintiff, defendant Orr, at the instigation and…
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Appeal from the District Court, Twentieth Judicial District, County of Monterey. The plaintiff, in his complaint, averred that, in November, 1871, he leased, by lease in writing, to Jose Llaguno, two thousand ewes, for the term of two years, commencing on the 1st day of September, 1871, and that the lessee took possession, and that abont the 28th of June, 1872, while the lessee was in possession of the sheep, as bailee of the plaintiff, defendant Orr, at the instigation and request of defendants Beasley and Lowe, unlawfully, fraudulently, willfully, and maliciously, took and carried away from…
1Opinion of the Court
By the Court, Crockett, J.:
The demurrer to the complaint was properly sustained. Whether the action be deemed to be in the nature of an action of trespass, trover, or trespass on the case, the complaint is defective in substance. The lease of the sheep constituted a bailment for hire; and during the term of the lease, the lessee was entitled to the exclusive possession. *617The alleged trespass was committed during the term, when the lessee was in the actual, and was entitled to the exclusive possession as against the plaintiff, his lessor. It is well settled that a person having neither the…
2Cited by14 opinions
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- Crampton v. Valido Marble Co.Supreme Court of Vermont · 1888
- People v. WaltherCalifornia Court of Appeal · 1938
- Going v. DinwiddieCalifornia Supreme Court · 1890
- Kellogg v. BurrCalifornia Supreme Court · 1899
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