Emeric v. Gilman
California Supreme Court
In March, 1856, the defendant, Gilman, recovered judgment against the county of Contra Costa for upwards of twenty thousand dollars, and in January, 1857, issued execution and levied upon the funds in the hands of the treasurer of the county, and upon the public buildings of the county.
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In March, 1856, the defendant, Gilman, recovered judgment against the county of Contra Costa for upwards of twenty thousand dollars, and in January, 1857, issued execution and levied upon the funds in the hands of the treasurer of the county, and upon the public buildings of the county. His right to seize these funds and buildings having been decided against him, (7 Cal, 52,) he sued out an alias execution, and levied upon certain real estate, the private property of the plaintiff, who was one of the inhabitants of the county at the time the judgment was ren dered, and has been such…
1Opinion of the Court
Field, J., after stating the facts of the case, delivered the opinion of the Court
2ConcurrenceTerry, C. J.
The only question presented for consideration is, whether the private property of an inhabitant of a county is liable to seizure and sale on execution for the satisfaction of a judgment recovered against the county.
In support of the affirmative of this question, several authorities are cited by the appellant, principally from the reports of Massachusetts and Connecticut. Upon examination, they will be found to admit that the doctrine sustained by them is peculiar to the Mew England States.
In Massachusetts, the…
3Cases cited1 opinion
- Gilman v. County of Contra CostaCalifornia Supreme Court · 1857
4Cited by14 opinions
- Hart v. BurnettCalifornia Supreme Court · 1860
- Westinghouse Elec. & Mfg. Co. v. ChambersCalifornia Supreme Court · 1915
- Bucknall v. StoryCalifornia Supreme Court · 1868
- Little River Bank & Trust Co. v. JohnsonSupreme Court of Florida · 1932
- Sharp v. County of Contra CostaCalifornia Supreme Court · 1867
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