Freeborn v. Norcross
California Supreme Court
Appeal from the District Court, First Judicial District, County of San Luis Obispo. Action to recover the undivided half of a threshing machine, commenced August 21, 1872. The defendant was sheriff, and levied on the same as the property of William Freeborn, by virtue of an attachment placed in his hands, issued by a justice of the peace, in the suit of Goldtree Brothers v. William, Freeborn.
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Appeal from the District Court, First Judicial District, County of San Luis Obispo. Action to recover the undivided half of a threshing machine, commenced August 21, 1872. The defendant was sheriff, and levied on the same as the property of William Freeborn, by virtue of an attachment placed in his hands, issued by a justice of the peace, in the suit of Goldtree Brothers v. William, Freeborn. The trial was had before a jury, May 13, 1873. The transcript contained the judgment roll, and what purported to be instructions given by the Court to the jury, but no bill of exceptions. The defendant…
1Opinion of the Court
By the Court, Rhodes, J.:
This is an action to recover the possession of certain personal property, or the valve thereof in case a delivery cannot be had, and damages for the detention. The jury rendered a verdict for the value of the property, with “legal interest” thereon from the time of the seizure by the sheriff to the date of the verdict; and damages in the sum of $50.
Section 200 of the Practice Act (which was in force when the action was brought), authorizes the recovery of damages for the detention of personal property. But a party is not entitled to a gross sum for such damages and to…
2Cited by6 opinions
- Kelly v. McKibbenCalifornia Supreme Court · 1880
- Tucker v. HagertyCalifornia Court of Appeal · 1918
- Nahhas v. BrowningCalifornia Supreme Court · 1919
- Johnson v. FraserIdaho Supreme Court · 1888
- Schmidt v. NunanCalifornia Supreme Court · 1883
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