Kuhland v. Sedgwick
California Supreme Court
Appeal from the Fifth District. Suit for taking and detaining a lot of merchandise. The verification to the complaint is in the usual form; is headed “ Tuolumne county, ss.; ” and taken before the attorney of the plaintiff, who signs his name thus : “ H. P. Barber, Notary Public ”—no seal being attached. The answer was filed Aug. 12th, 1859 ; and the amended answer filed Nov. 8th following, by leave of Court and by consent of plaintiff’s counsel.
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Appeal from the Fifth District. Suit for taking and detaining a lot of merchandise. The verification to the complaint is in the usual form; is headed “ Tuolumne county, ss.; ” and taken before the attorney of the plaintiff, who signs his name thus : “ H. P. Barber, Notary Public ”—no seal being attached. The answer was filed Aug. 12th, 1859 ; and the amended answer filed Nov. 8th following, by leave of Court and by consent of plaintiff’s counsel. The statement contains this clause : “ The pleadings comprising the’complaint and amended answer may be referred to as part of this statement.” As…
1Opinion of the CourtCope, J.
Baldwin J. and Field, C. J. concurring.
The complaint alleges that on a certain day the plaintiff was the owner and in possession of certain personal property, of the value of $1,000 ; and that the defendant on the same day seized upon and converted it to his own use. The answer denies that on the day specified the plaintiff “ was the owner, and lawfully in possession ” of the property; and, in relation to the value, says that the defendant has no knowledge, etc.and therefore denies that it was $1,000. The seizure is admitted; and the-*127defense relied upon is a justification under a judgment and…
2Cases cited1 opinion
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
3Cited by21 opinions
- Oak Grove School District v. City Title InsuranceCalifornia Court of Appeal · 1963
- Russell v. RammCalifornia Supreme Court · 1927
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Hoskins v. HightSupreme Court of Alabama · 1891
- Woodworth v. KnowltonCalifornia Supreme Court · 1863
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