Blair v. Pitchess

Opinion

SULLIVAN, J.

In this case we are called upon to determine whether California’s claim and delivery law (Code Civ. Proc., §§ 509-521 ) 1 violates the Fourth, Fifth and Fourteenth Amendments to the United States Constitution and sections 13 and 19 of article I of the Constitution of the State of California.

Originally enacted in 1872, the claim and delivery law establishes a procedure by which the “plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer” require the sheriff, constable or marshal of a county…