Legal Opinion

Howe v. Johnson

California Supreme Court

Decided April 5, 1895No. 15919PublishedCited by 9 opinions

Appeal from a judgment of the Superior Court of Mendocino County and from an order denying a new-trial. The facts are stated in the opinion.

1Opinion of the Court

Vanclief, C.

Action of the nature of the common-law action of trover to recover damages for an alleged wrongful taking and conversion of personal property.

At the time of the alleged taking the defendant was sheriff of Mendocino county, and in his answer alleges that he was justified in taking the property by virtue of an execution issued to him on a judgment against Montgomery Howe (plaintiff’s father) in favor of Phoebe Blair, and denies that plaintiff was the owner of the property so taken, or entitled to the possession thereof.

The cause was tried by the court, whose judgment was in favor of…

2Cases cited7 opinions

  1. Murphy v. MulgrewCalifornia Supreme Court · 1894
  2. Cahoon v. MarshallCalifornia Supreme Court · 1864
  3. Etchepare v. AguirreCalifornia Supreme Court · 1891
  4. Bunting v. SaltzCalifornia Supreme Court · 1890
  5. Brown v. O'NealCalifornia Supreme Court · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Oklahoma Ex Rel. Phillips v. Guy F. Atkinson Co.Supreme Court of the United States · 1941
  2. Strong v. StrongCalifornia Supreme Court · 1943
  3. Guthrie v. CarneyCalifornia Court of Appeal · 1912
  4. Bird v. MurphyCalifornia Court of Appeal · 1925
  5. O'Connor v. O'Connor, Rice & BarnesCalifornia Court of Appeal · 1941

4 more not listed; retrieve them via the Exa API.

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