Perlberg v. Gorham
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was an action against a sheriff, for the seizure and sale of a stock of goods, possessed and claimed by plaintiffs, as their property. The seizure was made under certain writs of attachment, at the suit of different creditors of the vendors of plaintiffs.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was an action against a sheriff, for the seizure and sale of a stock of goods, possessed and claimed by plaintiffs, as their property. The seizure was made under certain writs of attachment, at the suit of different creditors of the vendors of plaintiffs. On the twelfth day of December, 1854, Maleouski and Eisenberg, doing business under the firm-name of Makouski & Co., in the city of San Francisco, made a bill of sale of goods to Perlberg and Glazer, plaintiff's in this action. At the time of the…
1Opinion of the CourtBurnett, J.
1. It is insisted, by the learned counsel of plaintiffs, that the errors alleged by defendant can not be reached, as they all depend upon the testimony of Stewart, a witness for defendant, and who was improperly admitted to testify, against the objection of plaintiffs. This position is correct, if it be true that Stewart was an incompetent witness for defendant. The witness was examined on his voir dire, and stated in substance that he was one of the attaching-creditors ; that the suit was brought in his name, though the goods sold by him to the vendors of plaintiffs were not his property, he…
2Cases cited1 opinion
- Lucas v. DeweyCalifornia Supreme Court · 1857
3Cited by3 opinions
- Haynes v. MeeksCalifornia Supreme Court · 1862
- Murphy v. CrouseCalifornia Supreme Court · 1901
- Pelberg v. GorhamCalifornia Supreme Court · 1863