Salisbury v. Burr
California Supreme Court
APPEAL from Superior Court, Los Angeles County; Lueien Shaw, Judge. This was an action in claim and delivery, brought by A. B. Salisbury against John Burr, as sheriff, to recover a stock of merchandise taken by the sheriff under a writ of attachment sued out by Gregory Perkins, Jr., assignee of F. E. Randall. Perkins intervened. There was a verdict and judgment for the intervener, and, a motion for new trial having been granted, intervener appeals.
1Opinion of the Court
SEARLS, C.
This is an appeal by the defendant and the intervener from an order of the court below granting a new trial on the motion of plaintiff. The action is in claim and delivery to recover by the plaintiff, A. B. Salisbury, a stock of groceries, trade fixtures, horses, wagons, harness, etc., alleged to be of the value of $2,800. The defendant, John Burr, denied the ownership or possession of plaintiff, and justified the taking and detention of the property: (1) As the sheriff of the county of Los Angeles, under and by virtue of a writ of attachment sued out by Gregory Perkins, Jr., in an…
Also in this document: Per curiam.
2Cases cited4 opinions
- Washburn v. HuntingtonCalifornia Supreme Court · 1889
- Haas v. WhittierCalifornia Supreme Court · 1893
- Ohleyer v. BunceCalifornia Supreme Court · 1884
- Hass v. Whittier, Fuller & Co.California Supreme Court · 1891