Legal Opinion

Ghiradelli v. Bourland

California Supreme Court

Decided July 1, 1867PublishedCited by 6 opinions

Appeal from the District Court, Fifth Judicial District, Tuolumne County. The following is a copy of the material portion of the complaint in this action: “ And for cause of complaint the said plaintiff avers that heretofore, to wit: on the 17th day of August, A. D. 1866, at the City of Sonora., County and State first aforesaid, he was the owner of and in the quiet and peaceable possession of a certain stock of goods, wares and merchandise, as well also machinery and tools…

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Appeal from the District Court, Fifth Judicial District, Tuolumne County. The following is a copy of the material portion of the complaint in this action: “ And for cause of complaint the said plaintiff avers that heretofore, to wit: on the 17th day of August, A. D. 1866, at the City of Sonora., County and State first aforesaid, he was the owner of and in the quiet and peaceable possession of a certain stock of goods, wares and merchandise, as well also machinery and tools for the manufacture of syrup, in all of the value of about twenty-five hundred dollars lawful money of the United States…

1Opinion of the Court

By the Court, Shafter, J.:

It is alleged in the complaint that the plaintiff was the owner and in possession of certain personal property particularly described ; and that the defendant Bourland, “ still being Sheriff of said county, (Tuolumne,) by virtue of certain, alleged legal process, not against this plaintiff, forcibly, wrongfully, and against the will of the plaintiff, took and converted said property, to the damage of the plaintiff three thousand dollars.” It is further alleged that the other defendants, ten in number, on the 2d day of March, 1866, “became and ever since have been the…

2Cited by6 opinions

  1. Kane v. MendenhallCalifornia Supreme Court · 1936
  2. Hoye v. RaymondSupreme Court of Kansas · 1881
  3. Sanders v. ClineSupreme Court of Oklahoma · 1908
  4. Bell v. PeckCalifornia Supreme Court · 1894
  5. Yuen v. McMannCalifornia Supreme Court · 1893

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