Spence v. Smith

The defendant, as sheriff of the county of Sutter, levied upon certain personal property under a writ of attachment, issued out of the superior court in an action therein against the plaintiff, and afterward sold the property under a writ of executon issued upon a judgment in said action. After the property had been seized by the defendant the plaintiff demanded the same from him, upon the ground that it was exempt from execution, and, upon the refusal of the defendant to surrender it, brought the present action. The case was tried by the court without a jury, and judgment rendered in favor…