People v. Houghtaling
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The complaint in this case charges that W. W. Wright, deceased, was sheriff, and ex officio tax collector of Nevada county, and that there was in his hands, at the time of his death, certain money belonging to the plaintiff, which had been before that time collected by such sheriff as taxes, under the revenue law of this State; that in November, 1856, defendant was appointed, and entered…
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The complaint in this case charges that W. W. Wright, deceased, was sheriff, and ex officio tax collector of Nevada county, and that there was in his hands, at the time of his death, certain money belonging to the plaintiff, which had been before that time collected by such sheriff as taxes, under the revenue law of this State; that in November, 1856, defendant was appointed, and entered upon the duties of, administrator of the estate of said Wright, and took into possession all the property and assets…
1Opinion of the CourtTerry, J.
The only question presented by the record is, whether the facts stated in the complaint are sufficient to sustain the judgment rendered.
The argument of appellant’s counsel embraces two propositions : 0
1. That the defendant is improperly sued, in his representative capacity, as administrator of Wright.
2. That the facts stated in the complaint show that plaintiff has an adequate remedy at law, and therefore is not entitled to proceed in equity.
It is not necessary to notice the argument upon the first proposition, as we think it is founded on a misapprehension of plaintiff’s case. It is true…
2Cited by15 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Lathrop v. BamptonCalifornia Supreme Court · 1866
- Theller v. SuchCalifornia Supreme Court · 1881
- Duff v. DuffCalifornia Supreme Court · 1886
- Ripling v. Superior CourtCalifornia Court of Appeal · 1952
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