Roush v. Van Hagen
California Supreme Court
Appeal from the Fourteenth District. Suit brought in Nevada county by plaintiff against the defendant, as Sheriff of that county, to recover damages for breaking into a house at Orleans Flat, Nevada county, and also the value of certain personal property which he levied on under an execution in the suit of Saunders v. Denton et als.
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Appeal from the Fourteenth District. Suit brought in Nevada county by plaintiff against the defendant, as Sheriff of that county, to recover damages for breaking into a house at Orleans Flat, Nevada county, and also the value of certain personal property which he levied on under an execution in the suit of Saunders v. Denton et als. Plaintiff having recovered judgment, defendant (Van Hagen) filed his notice of appeal to the Supreme Court, and also an undertaking signed by two residents of Sacramento county, and justified to before a Notary Public of that county. Saunders, the plaintiff in the…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The appeal must be dismissed. The true construction is that the sureties must justify before a County Judge—when that is the officer selected—of the county in which the suit is. Any other construction, if. it did not render the main provisions of the statute practically inoperative, would lead to very onerous and embarrassing results. We think the natural construction of the language of the three hundred and fifty-fifth section of the Practice Act leads to this conclusion.
Ordered accordingly.
2Cited by2 opinions
- Larsen v. LootensOregon Supreme Court · 1921
- Tevis v. O'ConnellCalifornia Supreme Court · 1863