Legal Opinion

Lathrop v. Middleton

California Supreme Court

Decided July 1, 1863PublishedCited by 3 opinions

Appeal from the Fifteenth Judicial District, Butte County. The plaintiff, at the time of the levy of the executions, was and had been for five years a regularly licensed ferryman, having a ferry across Feather River, near the town of Oroville, on the main traveled route from Oroville to Red Bluff.

1Opinion of the CourtCrocker, J.

concurring. •>

This is an action to enjoin the defendant, the Sheriff of Butte County, from selling a ferryboat beloging to the plaintiff under an *259execution against him, and to require him to release the levy thereon. ' It appears that the Sheriff, having two executions against the plaintiff, levied the same upon the ferryboat, which was at the time in an unfinished condition, and had never been used at the ferry. The plaintiff contends that the United States mail from Or oville to Shasta crosses the river at his ferry, and therefore his ferryboats are exempt from forced sale on execution. The…

2Cited by3 opinions

  1. Risdon Iron & Locomotive Works v. Citizens' Traction Co. of San DiegoCalifornia Supreme Court · 1898
  2. Menzel Estate Co. v. City of ReddingCalifornia Supreme Court · 1918
  3. Badger Lumber Co. v. Marion Water Supply, Electric Light & Power Co.Supreme Court of Kansas · 1892

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