Legal Opinion

Treadwell v. Davis

California Supreme Court

Decided July 1, 1868PublishedCited by 32 opinions

Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action for the seizure and conversion by the defendant, who at the time was Sheriff of the City and County of San Francisco, of certain goods from the possession of plaintiff, and to recover their value.

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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action for the seizure and conversion by the defendant, who at the time was Sheriff of the City and County of San Francisco, of certain goods from the possession of plaintiff, and to recover their value. The defendant admitted the taking, but justified under a lawful writ of attachment against the property of one Thompson, issued out in the suit of one Martin et al. v. Thompson, claiming that the goods so seized were and continued to be the property of Thompson, and as such subject to…

1Opinion of the Court

By the Court, Crockett, J.:

The record in this case presents only the following questions which we deem it necessary to consider, to wit:

First—Can the errors complained of he properly brought before this Court by a statement on appeal, or could this have been accomplished only by a motion for new trial, supported by a proper statement ?

Second—Was the lien which Templeton held upon the goods pledged to him by Thompson lost or destroyed, and if so, did the plaintiff acquire a new and valid lien by virtue of the arrangement entered into between him, Templeton and Harpending ?

Third—Was the…

2Cases cited5 opinions

  1. Hutton v. ReedCalifornia Supreme Court · 1864
  2. Harper v. MinorCalifornia Supreme Court · 1864
  3. Ingersoll v. Van BokkelinNew York Supreme Court · 1827
  4. Lyle v. BarkerSupreme Court of Pennsylvania · 1813
  5. In re BoydCalifornia Supreme Court · 1864

3Cited by32 opinions

  1. Santa Clara Valley Mill and Lumber Co. v. HayesCalifornia Supreme Court · 1888
  2. Field v. AustinCalifornia Supreme Court · 1901
  3. Bastanchury v. Times-Mirror Co.California Court of Appeal · 1945
  4. Goldberg v. ListCalifornia Supreme Court · 1938
  5. Dubois v. SpinksCalifornia Supreme Court · 1896

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