Harris v. Burns
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Action to recover damages for the wrongful taking of personal property. The defendant pleaded that he was sheriff, and that he took the goods by virtue of an attachment in the suit of Morrison v. Packard, and that the goods were Packard’s, and that Packard had sold them to the plaintiffs to defraud the creditors.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Action to recover damages for the wrongful taking of personal property. The defendant pleaded that he was sheriff, and that he took the goods by virtue of an attachment in the suit of Morrison v. Packard, and that the goods were Packard’s, and that Packard had sold them to the plaintiffs to defraud the creditors. The Court found that the goods were the property of the plaintiffs, but failed to find whether the sale was fraudulent. The plaintiff had judgment and the- defendant appealed.
1Opinion of the Court
By the Court:
The court having omitted to find upon the issue of fraud, set up in the answer of the defendant, the judgment and order are reversed and causeremanded for new trial.
2Cited by1 opinion
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