Waldman v. Broder
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. This was an action brought by appellants against defendants, for the recovery of specific personal property, which had been taken by Broder, as sheriff, in execution, at the suit of the defendants Mahoneys, against Freedman and Frank; Waldman, a third party, claimed the property, and brought this action, by way of replevin, to recover the same from the sheriff, Broder, who, in his answer,…
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Appeal from the District Court of the Third Judicial District, County of Alameda. This was an action brought by appellants against defendants, for the recovery of specific personal property, which had been taken by Broder, as sheriff, in execution, at the suit of the defendants Mahoneys, against Freedman and Frank; Waldman, a third party, claimed the property, and brought this action, by way of replevin, to recover the same from the sheriff, Broder, who, in his answer, justified the taking under the execution. On the trial, it turned out, as the jury found, that the property belonged to…
1Opinion of the CourtBaldwin, J.
Terry, C. J., and Field, J., concurring.
We think there is no error in this record to the prejudice of the appellant; the jury having found a general verdict for the defendant in this action of replevin. The property, which had, under the previous proceedings, been taken from the defendants, was properly directed by the Court to be returned to the defendants. This right of return is not necessarily, or, perhaps, at all dependent upon any finding of the jury to that effect; but results as matter of right in the plaintiff, and a conclusion of law from the verdict for defendants. It is the right…
2Cited by9 opinions
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- Johnson v. FraserIdaho Supreme Court · 1888
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