Coleman v. Woodworth
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Charles Doane was Sheriff of the City and County of San Francisco, and as such, an execution on a judgment in favor of N. C. Lane and against Harvey Dickinson was placed in his hands. By virtue of the execution, Doane seized personal property claimed by plaintiffs, and they brought an action against him for the wrongful taking and conversion of the same.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Charles Doane was Sheriff of the City and County of San Francisco, and as such, an execution on a judgment in favor of N. C. Lane and against Harvey Dickinson was placed in his hands. By virtue of the execution, Doane seized personal property claimed by plaintiffs, and they brought an action against him for the wrongful taking and conversion of the same. Pending the action Doane died, and plaintiffs’ attorneys suggested his death, and moved that his administrators be substituted as defendants in the…
1Opinion of the Court
By the Court,
Sanderson, C. J.
I. The first point made by counsel for appellants, to the effect that the cause of action set forth in the complaint does not survive against the personal representative of the defendants’ intestate, is answered by the one hundred and ninety-seventh section of the Act to regulate the settlement of the estates of deceased persons, which provides that “ any person or his personal representatives shall have an action against the executor or administrator of any testator or intestate who in his lifetime shall have wasted, destroyed, taken or carried away, or converted…
2Cases cited1 opinion
- Hentsch v. PorterCalifornia Supreme Court · 1858
3Cited by11 opinions
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- Bank of Stockton v. L. L. Howland & Co.California Supreme Court · 1871
- Vragnizan v. Savings Union Bank & Trust Co.California Court of Appeal · 1916
- W. H. Marston Co. v. KochritzCalifornia Court of Appeal · 1926
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