Thornburgh v. Hand
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Tuba. This was an action of replevin, to obtain possession of certain cattle and horses.
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Appeal from the District Court of the Tenth Judicial District, County of Tuba. This was an action of replevin, to obtain possession of certain cattle and horses. The defendant justified having taken the property, under a writ of attachment issued out of the Sixth District Court, in an action brought by Samuel Norris against Burtis and Foster, and directed to the defendant as coroner of Tuba county; the sheriff, plaintiff in this action, being alleged to claim some interest in the property. On the trial, the plaintiff, William B. Thornburgh, proved by Morgan D. Thornburgh that the witness had…
1Opinion of the Court
At the January Term, Murray, C. J.,
delivered the opinion of the Court—Terry, J., concurring.
This was an action of replevin. The defendant justified the taking under a writ of attachment.
Two errors are assigned by the appellant; First, the refusal of the Court to permit the defendant to ask a witness, on his cross-examination, “ in whose possession the property was some six months before the seizure thereof by the defendant;” and second, in refusing to admit the writ of attachment and note, with parol proof that it was the same indebtedness on which the suit was brought, out of which the…
2Cited by36 opinions
- Old Settlers Investment Co. v. WhiteCalifornia Supreme Court · 1910
- Miller v. KoertgeTexas Supreme Court · 1888
- Rossen v. VillanuevaCalifornia Supreme Court · 1917
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Brichman v. RossCalifornia Supreme Court · 1885
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