Stevens v. Irwin
California Supreme Court
Appeal from the Seventeenth District. Action of replevin brought by Isaac Stevens against Edward Irwin, Sheriff of Sierra county, to recover possession of a number of horses and mules, hay, barley, saddles, etc., which the Sheriff had levied upon by virtue of an attachment in favor of Treadwell Co. v. B. C. Stevens, brother of the plaintiff.
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Appeal from the Seventeenth District. Action of replevin brought by Isaac Stevens against Edward Irwin, Sheriff of Sierra county, to recover possession of a number of horses and mules, hay, barley, saddles, etc., which the Sheriff had levied upon by virtue of an attachment in favor of Treadwell Co. v. B. C. Stevens, brother of the plaintiff. It appears by the evidence that in the year 1855, and until the spring of 1856, B. C. Stevens was the owner of a livery stable at Monte Cristo, Sierra county, and carried on the business of keeping livery stable; that in the spring of 1856, he became…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
This was an action for the recovery of certain property levied on by defendant, as Sheriff, under process, as the property of one B. C. Stevens. The case was here before, and judgment was reversed on a question of law not affecting the merits. Two verdicts and judgments have been had for plaintiff on the main question involved. The proofs are conflicting, and it would require a very strong case to induce us to interfere with the action of the Court below in refusing a new trial.
1. This point is not much pressed by appellant. It is not well taken.
2. The main ground insisted…
2Cases cited2 opinions
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