Dutertre v. Driard
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. Plaintiff recovered a judgment against the defendants on the first of May, 1856, and caused an execution to be placed in the hands of the sheriff, who on that day had sufficient property in his hands, consisting of the stock and furniture of the Franklin Restaurant, by'virtue of a writ of attachment in the suit, to satisfy the judgment.
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Appeal from the Superior Court of the City of San Francisco. Plaintiff recovered a judgment against the defendants on the first of May, 1856, and caused an execution to be placed in the hands of the sheriff, who on that day had sufficient property in his hands, consisting of the stock and furniture of the Franklin Restaurant, by'virtue of a writ of attachment in the suit, to satisfy the judgment. The same day the plaintiff stipulated with defendants that if they would pay him two hundred and seventy-eight dollars and eighty-two cents, on the fifth of May the execution should be suspended for…
1Opinion of the CourtTerry, J.
*551Under our statutes, a levy on personal property capable of manual delivery must be made, by taking the property into custody. If the execution-creditor permits property levied on to remain in the hands of the debtor, his levy cannot operate to defeat subsequent executions.
The property in question was allowed to remain with defendant in execution for more than three months after the levy; to permit such a course would open the door to fraud.
Judgment affirmed, with costs.
2Cited by5 opinions
- Gray v. WhitmoreCalifornia Court of Appeal · 1971
- People v. SylvaCalifornia Supreme Court · 1904
- Love v. KeaysCalifornia Supreme Court · 1971
- Smart v. SoseyCalifornia Court of Appeal · 1920
- Hawkins v. RobertsCalifornia Supreme Court · 1872