Lay v. Neville
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. On the 24th day of September, 1861, A. Y. Easterby recovered judgment in the District Court for Napa County, against James Glassford, for five thousand seven hundred dollars and ninety-nine cents, and an execution was issued thereon and placed in the hands of J. S. Stark, the Sheriff of Napa County, who levied on, and on the 4th day of October, 1861, sold to plaintiff, Lay, at Glassford’s ranch, two…
Read the full summary
Appeal from the District Court, Seventh Judicial District, Solano County. On the 24th day of September, 1861, A. Y. Easterby recovered judgment in the District Court for Napa County, against James Glassford, for five thousand seven hundred dollars and ninety-nine cents, and an execution was issued thereon and placed in the hands of J. S. Stark, the Sheriff of Napa County, who levied on, and on the 4th day of October, 1861, sold to plaintiff, Lay, at Glassford’s ranch, two thousand and eleven sacks of wheat. There was some doubt as to whether Glass-ford’s ranch was in Napa County, and on the…
1Opinion of the Court
By the Court, Rhodes, J.
This action was brought to recover the possession of five hundred sacks of wheat, which were attached by the defendant, as the Sheriff of Solano County. The complaint states that the wheat was taken possession of by the defendant, at G-lassford Ranch, in Napa County, and the defendant denies that he took possession of it' in Napa County. The allegation of the place where the property was taken is mere surplusage, and the issue formed upon it is immaterial. The plaintiff has not alleged directly that he was the owner of the wheat when it was taken by the defendant, or…
2Cases cited2 opinions
- Chaffin v. DoubCalifornia Supreme Court · 1859
- Pacheco v. HunsackerCalifornia Supreme Court · 1859
3Cited by16 opinions
- Bassinger v. SpanglerSupreme Court of Colorado · 1886
- Turner v. WatkinsSupreme Court of Arkansas · 1876
- Sequeira v. CollinsCalifornia Supreme Court · 1908
- Woods v. BugbeyCalifornia Supreme Court · 1866
- McCray Memorial Hospital v. HallIndiana Court of Appeals · 1967
11 more not listed; retrieve them via the Exa API.