Ford v. Thompson
California Supreme Court
Appeal from the First District. Suit against a Sheriff to recover certain personal property and damages for its detention, attached by him in an action against the husband of plaintiff—the complaint alleging the property to be the separate estate of the plaintiff. The answer denied the allegations of the complaint, and averred the property to belong to the husband, etc. Upon the second trial, the verdict and judgment were for plaintiff.
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Appeal from the First District. Suit against a Sheriff to recover certain personal property and damages for its detention, attached by him in an action against the husband of plaintiff—the complaint alleging the property to be the separate estate of the plaintiff. The answer denied the allegations of the complaint, and averred the property to belong to the husband, etc. Upon the second trial, the verdict and judgment were for plaintiff. Further facts appear in the opinion of the Court. Defendant appeals.
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
This cause was tried in the District Court in March last, and a verdict rendered for the defendant. In July following, an order was made granting a new trial, and from the order the defendant appealed to this Court. Pending the appeal, the Court below proceeded, against the objection of the defendant, and tried the cause a second time; and its action in this respect constitutes one of the grounds upon which a reversal of-the judgment rendered upon the last trial is sought.
We think the ground mentioned sufficient. The appeal taken from the order granting the…
2Cited by4 opinions
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