Goodale v. Scannell
California Supreme Court
Appear from the Superior Court of the City of San Francisco. Samuel P. Goodale brought this action to recover of the defendant, as sheriff, one hundred and fourteen barrels of sugar, or their value. The defendant justified the taking, under execution process, against one George Frank.
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Appear from the Superior Court of the City of San Francisco. Samuel P. Goodale brought this action to recover of the defendant, as sheriff, one hundred and fourteen barrels of sugar, or their value. The defendant justified the taking, under execution process, against one George Frank. On the trial, it appeared that in September, 1856, the plaintiff Goodale being the owner of a lot of China sugar, in mats, made a certain contract with Frank, under which the sugar was delivered to him. The evidence as to whether the contract amounted to a sale or not, was conflicting. The substance of the…
1Opinion of the CourtMurray, C. J.
*29This was an action to recover a quantity of sugar, which had been seized on execution, as the property of one Prank. The defendant contended, on the trial, that the property belonged to Frank, the defendant in execution, and not the present plaintiff. The Court, sitting as a jury, found that the sugar was the property of the plaintiff, and that he had never sold the same .to Frank. This is conclusive upon the point, and will not be reviewed by us, as the evidence was conflicting.
The appellants contend that the Court erred in refusing to decide, as a matter of law, “that if the plaintiff gave…
2Cited by5 opinions
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