Boyd v. Desmond
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
This is an action on a sheriff’s bond for damages for a failure to return an order of sale, by reason of which, it is alleged, the plaintiff failed to procure • the entry of a deficiency judgment, and thereby lost his debt. There was a trial by jury and verdict for the defendants. The plaintiff moved for a new trial, which was denied, and from this order he appeals.
The principal controversy in the case, in the court below and in this court, was and is, whether the evidence is sufficient to show a delivery by the sheriff of the order of sale with his return thereon to the clerk for filing.
The…
2Cases cited5 opinions
- Englund v. LewisCalifornia Supreme Court · 1864
- Culver v. RogersCalifornia Supreme Court · 1865
- People ex rel. Gregg v. PalmerIllinois Supreme Court · 1868
- Supervisors of Houghton County v. ReesMichigan Supreme Court · 1876
- Glascock v. AshmanCalifornia Supreme Court · 1877
3Cited by6 opinions
- Cooper v. NisbetSupreme Court of Georgia · 1904
- W. J. White Co. v. WintonCalifornia Court of Appeal · 1919
- Usher v. SoltzCalifornia Court of Appeal · 1981
- Mills v. DearbornCalifornia Supreme Court · 1889
- Hallett v. SlaughterCalifornia Supreme Court · 1943
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