Clary v. Rolland
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The complaint averred, that on the 25th of January, 1862, Clary, the plaintiff, was the owner of and in the possession of certain personal property, (describing the same,) and that one Verdón brought an action against plaintiff to recover possession of the same, and that defendants Rolland and Redwith executed the undertaking, and that the Sheriff took the property from plaintiff, etc.; that a trial…
Read the full summary
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The complaint averred, that on the 25th of January, 1862, Clary, the plaintiff, was the owner of and in the possession of certain personal property, (describing the same,) and that one Verdón brought an action against plaintiff to recover possession of the same, and that defendants Rolland and Redwith executed the undertaking, and that the Sheriff took the property from plaintiff, etc.; that a trial was had, and judgment was rendered in favor of Clary for the restitution of the property, and for return thereof to…
1Opinion of the Court
By the Court, Sawyer, J.
This is an appeal from a judgment in a suit against the *149sureties on an undertaking given in a replevin suit. The Court sustained a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, and the plaintiff declining to amend, final judgment in the case was entered.
The point of the demurrer is, that it does not appear that in the suit to recover the possession of the property the value of the property was found by the jury, or that an alternative judgment was rendered, as provided in section 200 of the Practice Act.…
2Cases cited3 opinions
- Nickerson v. ChattertonCalifornia Supreme Court · 1857
- Speyer v. Ihmels & Co.California Supreme Court · 1862
- Ginaca v. AtwoodCalifornia Supreme Court · 1857
3Cited by5 opinions
- Nahhas v. BrowningCalifornia Supreme Court · 1919
- Marix v. FrankeSupreme Court of Kansas · 1872
- Pugh v. MoxleyCalifornia Supreme Court · 1912
- Cox v. SargentColorado Court of Appeals · 1897
- Cox v. SargentColorado Court of Appeals · 1897