Ellsassar v. Hunter
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. This action was commenced September 1st, 1863. The complaint averred the wrongful taking, on the 22d day of August, 1863. The joint answer of defendants avers that the execution by virtue of which they levied on the goods was issued out of the District Court of the Eleventh Judicial District, El Dorado County, on a judgment rendered on the 13th day of February, 1862. The separate answer of…
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Appeal from the District Court, Eleventh Judicial District, El Dorado County. This action was commenced September 1st, 1863. The complaint averred the wrongful taking, on the 22d day of August, 1863. The joint answer of defendants avers that the execution by virtue of which they levied on the goods was issued out of the District Court of the Eleventh Judicial District, El Dorado County, on a judgment rendered on the 13th day of February, 1862. The separate answer of defendant Hunter avers that on the 24th day of December, 1862, Newbauer filed his petition in insolvency in the County Court of…
1Opinion of the Court
By the Court, Currey, J.
This action was brought to recover damages for the alleged wrongful taking of the goods and chattels of the plaintiff by the defendants and converting the same to their own use.
In answer to the complaint the defendants say, at the time of the commission of the -wrongs and injuries complained of, the defendant Hunter was Sheriff, and the defendant Lowry was Deputy Sheriff of El Dorado County, and that by virtue of a writ of execution issued upon a judgment obtained by M. O’Connor against D. Hewbauer for a large sum of money specified, they levied upon and siezed the…
2Cases cited2 opinions
- Flateau v. LubeckCalifornia Supreme Court · 1864
- Bear River & Auburn Water & Mining Co. v. BolesCalifornia Supreme Court · 1864
3Cited by6 opinions
- Bates v. GageCalifornia Supreme Court · 1874
- Cooney v. FurlongCalifornia Supreme Court · 1885
- Sullivan v. City of HelenaMontana Supreme Court · 1890
- Harris v. CareagaCalifornia Supreme Court · 1884
- Louder v. HunterSouth Dakota Supreme Court · 1911
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