Barnhart v. Fulkerth
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new trial. After the trial of the action, the defendants presented to the court a document embodying what they claimed should be the appropriate findings in the case, and requested the court to adopt them as such. The court refused so to do, and adopted other findings. The further facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
— This action was brought to recover possession of 4,255 bags of wheat, or their value in case a delivery cannot be had, and for $2,000 damages, etc.
The material allegations of the complaint were denied by the answer, and defendant Fulkerth justified under a levy on the wheat sued for, made by him as sheriff of the county of Stanislaus, of a writ of attachment issued in the action brought in the District Court for the county just named, by H. 0. Matthews et al. against J. T. Davis, and further, under a levy on the same property of a writ of execution issued upon a judgment recovered in the…
2Cases cited3 opinions
- Miller v. SteenCalifornia Supreme Court · 1866
- Palmtag v. DoutrickCalifornia Supreme Court · 1881
- Porter v. WoodwardCalifornia Supreme Court · 1881
3Cited by1 opinion
- Barnhart v. FulkerthCalifornia Supreme Court · 1892