Lewis v. Johns
California Supreme Court
Appeal from the District Court, Second Judicial District, Tehama County. Plaintiffs had judgment against all the defendants, who moved for a new trial, which was denied by the Court below, and defendants Galland and Levensohn appealed from the judgment and the order denying a new trial. All the other facts of the case, not stated in the opinion of this Court on this appeal, are stated in the opinion rendered in this cause on a former appeal, and reported in 24 Cal. 100.
1Opinion of the Court
By the Court, Sanderson, J.:
There is a marked difference between this case and that of Davidson v. Dallas, 8 Cal. 227; 15 Cal. 79. That was an action by an assignee of the Sheriff upon tlie indemnity bond which was given by the second attaching creditor. This is an action by the parties whose property was wrongfully taken, against the Sheriff and both attaching creditors, as joint trespassers.
It was substantially conceded by the Court, in the former case, that the attaching creditors were joint trespassers as to the injured party, but it was held that the same rule did not apply as between…
2Cases cited4 opinions
- Davidson v. DallasCalifornia Supreme Court · 1860
- Davidson v. DallasCalifornia Supreme Court · 1857
- Lewis v. JohnsCalifornia Supreme Court · 1864
- Stewart v. Wells & JohnsonNew York Supreme Court · 1849
3Cited by13 opinions
- Gunder v. TibbitsIndiana Supreme Court · 1899
- Cabell v. Hamilton Brown Shoe CompanyTexas Supreme Court · 1891
- Lesher v. GetmanSupreme Court of Minnesota · 1883
- Tu-Vu Drive-In Corp. v. DaviesCalifornia Supreme Court · 1967
- Kane v. DesmondCalifornia Supreme Court · 1883
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