Richards v. Kirkpatrick
California Supreme Court
Appeal from the District Court of the Thirteenth Judicial District, County of Mariposa. Bill to obtain an injunction restraining a Constable’s sale of personal property on execution. The Court overruled a general demurrer to the bill, and denied a motion to dissolve the injunction granted in pursuance of the prayer of the bill. Defendant appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Rhodes, J.:
One of the defendants, Olcese, having obtained a judgment against Ivy, caused an execution to be issued, and the other defendant, as a Constable, levied the execution upon the personal property in controversy, as the property of Ivy, and is about to sell the same in satisfaction of the execution. Two days after the levy, the plaintiff commenced an action of claim and delivery against the Constable for the recovery of the property, and, as alleged in the complaint in this action, process was issued, by virtue of which the Sheriff took possession of the property. This…
2Cases cited2 opinions
- Leach v. DayCalifornia Supreme Court · 1865
- Rahm v. MinisCalifornia Supreme Court · 1870
3Cited by3 opinions
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