Legal Opinion

Glascock v. Ashman

California Supreme Court

Decided July 1, 1877No. 5494PublishedCited by 3 opinions

Appeal from the District Court of the Thirteenth Judicial District, County of Tulare. The plaintiff brought suit against the defendant Ashman, Sheriff of Tulare County, and the other defendants,"as sureties of the defendant Ashman, to recover on their bonds for the penalty of two hundred dollars, imposed by sec. 4179 of the Political Code, for neglect to levy upon property when requested.

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Appeal from the District Court of the Thirteenth Judicial District, County of Tulare. The plaintiff brought suit against the defendant Ashman, Sheriff of Tulare County, and the other defendants,"as sureties of the defendant Ashman, to recover on their bonds for the penalty of two hundred dollars, imposed by sec. 4179 of the Political Code, for neglect to levy upon property when requested. The cause of action arose out of three judgments obtained in a Justice’s Court, two of which were assigned to plaintiff, the other being in his own name. At the trial the defendant offered evidence of…

1Opinion of the Court

1. The plaintiff cannot maintain an action upon the causes growing out of Ashman’s neglect to return any of the executions other than the one issued in his own case. Torts are not assignable. ( Oliver v. Walsh, 6 Cal. 456 ; Thorn v. Alta Tel.. Co. 15 Cal. 472.)

2. The Court below erred in excluding testimony that the plaintiff had been paid the amount of the three judgments by Owen. The answer contains the plea that the plaintiff is not the real party in interest. Owen was the accommodation maker of the notes upon which the judgments are based; and if it could have been shown, as defendant…

2Cases cited3 opinions

  1. Schloss v. WhiteCalifornia Supreme Court · 1860
  2. Oliver v. WalshCalifornia Supreme Court · 1856
  3. Thurn v. Alta Telegraph Co.California Supreme Court · 1860

3Cited by3 opinions

  1. Boyd v. DesmondCalifornia Supreme Court · 1889
  2. Robinson v. KinneyIdaho Supreme Court · 1892
  3. Almond v. Rubenstein, Court of Common Pleas of Ohio, Hamilton County1923

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