Carroll v. Sprague
California Supreme Court
Appeal from a judgment for the defendant, and from -an order denying a new trial in the Superior Court of the County of Butte. Hundley, J. Action to recover the possession of seventeen mules, of the alleged value of two thousand seven hundred dollars.
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Appeal from a judgment for the defendant, and from -an order denying a new trial in the Superior Court of the County of Butte. Hundley, J. Action to recover the possession of seventeen mules, of the alleged value of two thousand seven hundred dollars. The defendant justified, as sheriff, under an attachment issued at the suit of Baker & Hamilton, against one Eckert, whose property the mules were alleged to be; and also denied that the mules were of any greater value than one thousand seven hundred dollars. The defendant was permitted to file an amendment to his answer, setting up that the…
1Opinion of the Court
Sharpstein, J.:
We do not think that the Court erred in allowing the defendant to amend his answer; or in refusing to allow the plaintiff to file a supplemental complaint; or in admitting evidence to prove that the property replevied had been taken from the defendant and delivered to the plaintiff by virtue of the writ of replevin; or in refusing to admit evidence to prove that after the property was so delivered to the plaintiff, a part of it was seized by the defendant upon an attachment or execution issued in some other action than that in which it was attached before the commencement of…
2Cited by14 opinions
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