Turner v. Billagram
California Supreme Court
Appeal from the Sixth Judicial District, Sacramento county. The complaint sets forth that, in December, 1851, the plaintiff caused to be levied by the sheriff of said County, an execution issued upon a judgment before obtained by him in said Court, in which one Juan, and M. Luco were defendants, upon one hundred head of cattle as the property of said Lucos; and that on the 31st December, 1851, the defendants in this action claimed the property; and on application to the…
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Appeal from the Sixth Judicial District, Sacramento county. The complaint sets forth that, in December, 1851, the plaintiff caused to be levied by the sheriff of said County, an execution issued upon a judgment before obtained by him in said Court, in which one Juan, and M. Luco were defendants, upon one hundred head of cattle as the property of said Lucos; and that on the 31st December, 1851, the defendants in this action claimed the property; and on application to the Court by them, the Court appointed one Cunningham an Elizor to take the cattle and deliver them to the said defendants upon…
1Opinion of the CourtHeydbnfeldt, Justice
The record discloses that a substitute sheriff, called in the statute an Elizor, was appointed to seize the property sued for, and it is said by the appellant that his appointment was without authority of law, and his act a nullity, because it is not shown, that there was no sheriff and coroner, or that those officers were disqualified.
The appointment was made by a judge having competent jurisdiction, and the presumption of law is, that he faithfully performed his duty.
Even if there was irregularity in such an appointment, this is not the tribunal in which first to raise the question. It…
2Cited by10 opinions
- Ewing v. MallisonSupreme Court of Kansas · 1902
- State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
- Lasky v. BewCalifornia Court of Appeal · 1913
- Seifert v. SeifertSupreme Court of Oklahoma · 1921
- Thornton v. BakerSupreme Court of Rhode Island · 1887
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