Hutchings v. Castle
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. On the 12th day of August, 1871, M. Bovard and Thomas • Hutchings, partners under the name of Bovard & Hutchings, sold and delivered to the plaintiffs a quantity of goods, wares and mechandize, of the value of five hundred and eleven dollars and twenty-five cents, in satisfaction of an indebtedness of Bovard & Hutchings to the plaintiffs.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. On the 12th day of August, 1871, M. Bovard and Thomas • Hutchings, partners under the name of Bovard & Hutchings, sold and delivered to the plaintiffs a quantity of goods, wares and mechandize, of the value of five hundred and eleven dollars and twenty-five cents, in satisfaction of an indebtedness of Bovard & Hutchings to the plaintiffs. At the time of the sale, Bovard & Hutchings owed M. M. Soria six hundred and eighty dollars; and, on the 25th of August, 1871, Soria sued them, procured an attachment, which was…
1Opinion of the Court
By the Court, McKinstry, J.:
This action was brought against the sheriff, to recover damages for the unlawful taking from the possession of the plaintiffs, and carrying away, of certain personal property, and for the detention of the same. The property was sold by the defendant before the commencement of this action; and the appellant—the defendant—makes the point that the property Avas not “detained” AA'hcn the suit Avas brought, and that the complaint is not sufficient in trover, because there is no averment of a conversion. But trover lay where trespass de bonis lay; and an unlawful taking,…
2Cited by27 opinions
- Winslow v. GohransenCalifornia Supreme Court · 1891
- In re the Estate of DoyleCalifornia Supreme Court · 1887
- People ex rel. Love v. CenterCalifornia Supreme Court · 1885
- Taylor v. S & M Lamp Co.California Court of Appeal · 1961
- Ayoob v. AyoobCalifornia Court of Appeal · 1946
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