Foley v. Martin

A rehearing of this case was ordered after affirmance of the judgment and order appealed from, based upon the following opinion rendered in Department:—

“Action to recover damages for a trespass committed by the sheriff by reason of the abuse of his authority in serving process upon the plaintiff. The action was tried by the court without a jury. Judgment was rendered in favor of the plaintiff for the sum of five hundred dollars, from which and from an order denying a new trial the defendants have appealed.

“In an action against the plaintiff pending in the justice’s court for San Francisco the…