Nudd v. Thompson
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The complaint, after averring that on the 6th day of December, 1866, the plaintiffs were and still are the owners of the property, and are entitled to the possession thereof, proceeded as follows: “ That said plaintiffs, on said day, being as aforesaid owners and in the possession of said personal property, the said I. D. Thompson, one of the said defendants, falsely and…
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The complaint, after averring that on the 6th day of December, 1866, the plaintiffs were and still are the owners of the property, and are entitled to the possession thereof, proceeded as follows: “ That said plaintiffs, on said day, being as aforesaid owners and in the possession of said personal property, the said I. D. Thompson, one of the said defendants, falsely and fraudulently, and without any consideration, obtained an order for the said brandy from said plaintiffs upon Howard’s Bonded…
1Opinion of the Court
By the Court, Shatter, J.:
This action is for the claim and delivery of two quarter casks of brandy and twenty-five cases of champagne. The complaint is not drawn in the manner usually adopted in cases of replevin, but approximates a bill in equity with a double aspect. The different aspects, however, are so overlapped and jumbled that it is difficult to ascertain the real grounds of the plaintiffs’ claim, or to forecast the possibilities of the controversy which they invite. It may be assumed, however, that the complaint charges, in substance, that the plaintiffs are the owners of the goods,…
2Cases cited1 opinion
- Hill v. WilsonCalifornia Supreme Court · 1891
3Cited by25 opinions
- Wendling Lumber Co. v. Glenwood Lumber Co.California Supreme Court · 1908
- Sherman v. SweenyWashington Supreme Court · 1902
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Hayes v. WilliamsSupreme Court of Colorado · 1892
- Botto v. VandamentCalifornia Supreme Court · 1885
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