Kelly v. Murphy
California Supreme Court
Appeal from a judgment of the Superior Court of Yuba County, and from an order refusing a new trial. The action was brought to recover damages for the conversion of certain personal property alleged to have been owned by the plaintiff’s testator at the time of his death, and described in the complaint as the saloon fixtures and furniture and stock in trade of liquors, cigars, and tobacco contained in a certain saloon in Marysville.
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Appeal from a judgment of the Superior Court of Yuba County, and from an order refusing a new trial. The action was brought to recover damages for the conversion of certain personal property alleged to have been owned by the plaintiff’s testator at the time of his death, and described in the complaint as the saloon fixtures and furniture and stock in trade of liquors, cigars, and tobacco contained in a certain saloon in Marysville. Prior to October 2, 1882, the property in controversy belonged to a firm composed of William Wearman, the plaintiff’s testator, and one Serrett. On that date,…
1Opinion of the Court
Searls, C.
This is an action by the plaintiff, as executrix of the last will of William Wearman, to recover from the defendant damages for the conversion of certain personal property belonging to the estate of deceased.
*562Plaintiff had judgment for two thousand dollars and costs, from which judgment defendant appeals.
At the outset of the trial, defendant objected to the introduction of any evidence in support of the claim of plaintiff, upon the ground that he had served upon plaintiff’s attorney a notice calling for a bill of particulars, which had not been furnished as required by section 454 of…
2Cases cited5 opinions
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Grum v. BarneyCalifornia Supreme Court · 1880
- Watson v. RodgersCalifornia Supreme Court · 1879
- Dean v. WalkenhorstCalifornia Supreme Court · 1883
- Letters v. CadyCalifornia Supreme Court · 1858
3Cited by7 opinions
- George v. PierceCalifornia Supreme Court · 1898
- Territory of Oklahoma, Ex Rel. Taylor v. CaffreySupreme Court of Oklahoma · 1899
- Burkett v. DotyCalifornia Court of Appeal · 1916
- O'Connor v. Van HoyOregon Supreme Court · 1896
- Hawley v. KocherCalifornia Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.