Legal Opinion

Cupples v. Level

Washington Supreme Court

Decided July 29, 1909No. 7847PublishedCited by 6 opinions

Appeal from a judgment of the superior court for Lincoln county, Warren, J., entered September 25, 1908, upon the verdict of a jury rendered in favor of the defendants, in an action of claim and delivery.

1Opinion of the CourtGose, J.

The appellant, on July 17, 1908, commenced this action under the claim and delivery statute, Bal. Code, § 5262 (P. C. § 854), by filing his affidavit and serving a copy thereof upon the respondent sheriff, and by giving to the sheriff the statutory bond; whereupon the appellant took possession of a growing crop which the sheriff had theretofore sought to seize under an execution on an ordinary money judgment. Upon the maturing of the crop, it was harvested and marketed by the appellant. The case was tried to a jury. From a judgment upon a verdict in favor of the respondents, this appeal is…

2Cases cited5 opinions

  1. Jones v. HowardSupreme Court of Georgia · 1896
  2. Nighbert v. HornsbyTennessee Supreme Court · 1897
  3. Taffts v. ManloveCalifornia Supreme Court · 1859
  4. Tipton v. MartzellWashington Supreme Court · 1899
  5. Meyer v. Missouri Glass Co.Supreme Court of Arkansas · 1898

3Cited by6 opinions

  1. Swanson v. Olympic Peninsula Motor Coach Co.Washington Supreme Court · 1937
  2. Mickelson v. WilliamsWashington Supreme Court · 1957
  3. Monks & Miller, Inc. v. FeinWashington Supreme Court · 1923
  4. First State Bank v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1933
  5. State Ex Rel. Gilpatric v. NansenWashington Supreme Court · 1925

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