Glascock v. Ashman
California Supreme Court
Appeal from the District Court, Thirteenth Judicial District, County of Tulare. •The defendant Ashman was Sheriff of the County of Fresno, and the other defendants were his bondsmen.
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Appeal from the District Court, Thirteenth Judicial District, County of Tulare. •The defendant Ashman was Sheriff of the County of Fresno, and the other defendants were his bondsmen. The plaintiff recovered a judgment in the Court of A. Elkins, a Justice of the Peace in Visalia Township, Tulare County, for $299 principal, and $108.63 interest, and costs of suit, against F. Hutchinson and W. E. Owen, and W. J. Owen recovered another judgment before the same Justice against F. Hutchinson, W. C. Owen, and W. E. Owen for $299 principal, and $119.60 interest, and costs, and E. E. Hyde also…
1Opinion of the Court
The vital question in the case is as to the measure of damages. The Court below properly gave us the statutory penalty for the failure of Ashman to make his return. (Political Code, sec. 4179.)
But the Court should have gone further, and given us judgment for an amount equal to the sum total of all the writs (in addition to the statutory penalty) as damages for a failure to return the writs. In an action against a Sheriff for neglecting to return an execution prima facie, the measure of damages is the amount required to be raised by the execution. It is not necessary for plaintiff to allege or…
2Cases cited5 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Patterson v. WesterveltNew York Supreme Court · 1837
- Swezey v. . LottNew York Court of Appeals · 1860
- Bowman v. CornellNew York Supreme Court · 1862
- People v. LottNew York Supreme Court · 1855
3Cited by4 opinions
- Robinson v. MuirCalifornia Supreme Court · 1907
- Duff v. DuffCalifornia Supreme Court · 1894
- Sabatino v. RichardsWest Virginia Supreme Court · 1945
- County of San Bernardino v. FlournoyCalifornia Court of Appeal · 1975