Stark v. Raney
California Supreme Court
. Appeal from the Seventh District. Suit by a Sheriff on a verbal agreement to indemnify him for seizing certain property.
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. Appeal from the Seventh District. Suit by a Sheriff on a verbal agreement to indemnify him for seizing certain property. The complaint avers, in substance, that defendant Raney put into the hands of plaintiff, as Sheriff of Napa county, an execution on a judgment in favor of defendant Raney and against one Milliken ; that he, the Sheriff, seized, under the writ, various pieces of property, and among them a spring wagon; that “ said wagon was pointed out to him by said Raney, and was levied on by him at the special instance, direction and request of said Raney, who at the time promised said…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
This is an action upon a verbal agreement to indemnify the plaintiff for seizing certain property under an execution in favor of the defendant. The principal question is, whether the facts set forth in the complaint are sufficient to entitle the plaintiff to recover, and upon this question we think the Court below arrived at the proper conclusion. The argument on behalf of the defendant is, that he could not bind himself by an agreement to indemnify the plaintiff against the consequences of a trespass ; but it is clear that this proposition cannot be…
2Cited by5 opinions
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