Landecker v. Houghtaling
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. This was an action to recover the value of a stock of goods taken by W. W. Wright, defendant’s intestate.
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. This was an action to recover the value of a stock of goods taken by W. W. Wright, defendant’s intestate. The defendant justified the taking as sheriff of Nevada county, under attachment process against one Hertzinger, the vendor of plaintiff, and set forth in his answer that the goods at the time of the seizure were not the property of plaintiff, but that they belonged to Hertzinger, who had made a sham and fraudulent sale thereof to plaintiff for the purpose of cheating his creditors, and that plaintiff…
1Opinion of the CourtTerry, J.
This is an action against a sheriff for the seizure and detention of certain goods which are claimed by plaintiff. Defendant justified under process against one Hertzinger, the plaintiff's vendor, and alleged that the sale to plaintiff being intended to hinder, delay, and defraud the creditors of the vendor, was void, under the Statute of Frauds.
Upon this issue the jury found for defendant, and from the judgment entered on the verdict the plaintiff appeals.
Two points are made in the argument of appellant:
First, the Court erred in allowing defendant to prove by one FTeville that, before the…
2Cases cited1 opinion
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
3Cited by4 opinions
- Smith v. GoetheCalifornia Supreme Court · 1911
- Jones v. MorseCalifornia Supreme Court · 1868
- Byerley v. ConlinCalifornia Supreme Court · 1916
- Eppinger v. ScottCalifornia Supreme Court · 1896