Raker v. Bucher
California Supreme Court
Appeal from a judgment of the Superior Court of Modoc County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtDe Haven, J.
The defendant as sheriff sold certain real property owned by plaintiff under an execution issued upon a judgment recovered against him. The complaint in this action, which is verified, alleges that this sale was made by defendant without giving the notice required by section 692 of the Code of Civil Procedure, and the plaintiff demands a judgment against the defendant for the statutory penalty of five hundred dollars given by section 693 of the Code of Civil Procedure against an officer for selling property without legal notice, and, also, for the actual damages alleged to have been sustained…
2Cases cited1 opinion
- Barrett v. CopelandSupreme Court of Vermont · 1844
3Cited by3 opinions
- O'NEILL v. State Highway Dept.New Jersey Superior Court Appellate Division · 1962
- Hooper v. McDadeCalifornia Court of Appeal · 1905
- Townsend v. KupaHawaii Supreme Court · 1953