Nickerson v. Chatterton
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. Nickerson, the plaintiff in the Court below, brought an action against the California Stage Company to recover the possession of a horse of the value of four hundred dollars, and claimed a delivery of the horse at time of commencing suit.
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Appeal from the District Court of the Eleventh Judicial District, County of Placer. Nickerson, the plaintiff in the Court below, brought an action against the California Stage Company to recover the possession of a horse of the value of four hundred dollars, and claimed a delivery of the horse at time of commencing suit. Before the time expired for the sheriff to deliver the horse to the plaintiff, the stage company procured the defendants to execute an undertaking for the return of the horse to them, which was for the sum of eight hundred dollars, conditioned as follows : “ That if the…
1Opinion of the CourtBurnett, J.
The plaintiff brought an action against the California Stage Company, to recover the possession of a horse, of the alleged value of four hundred dollars. The sheriff took possession of the horse; and the stage company, under the 104th section of the Practice Act, required a return thereof; and defendants, Chatterton and Waters, entered into an undertaking, as required by that section. The plaintiff recovered judgment against the stage company, and then brought suit against defendants on their undertaking. The defendants demurred to the complaint, which demurrer was overruled, and they…
2Cases cited1 opinion
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