Mitchell v. Hockett
California Supreme Court
Appeal from the District Court, Thirteenth Judicial District, Stanislaus County. In 1854, Mitchell, the plaintiff, recovered a judgment against Jacob H. Gardenhire, and on the same day assigned it to Terry & Perley by an assignment in writing, which was deposited with the Clerk of the Court. In 1856 Mitchell took out execution on the judgment, and placed the same in the hands of Kirk, the Sheriff, who levied on property claimed by a son of Gardenhire.
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Appeal from the District Court, Thirteenth Judicial District, Stanislaus County. In 1854, Mitchell, the plaintiff, recovered a judgment against Jacob H. Gardenhire, and on the same day assigned it to Terry & Perley by an assignment in writing, which was deposited with the Clerk of the Court. In 1856 Mitchell took out execution on the judgment, and placed the same in the hands of Kirk, the Sheriff, who levied on property claimed by a son of Gardenhire. Mitchell and four others indemnified the Sheriff, and he sold the property. Gardenhire’s son sued the Sheriff and Hockett and Dickenson,…
1Opinion of the Court
By the Court, Sawyer, J.
Plaintiff introduced, in evidence an execution in the case of Hockett et al. v. Mitchell, and the return of the Sheriff indorsed thereon in the words following: “ I return this execution satisfied by two notes of hand—one for ninety-one dollars and seventy-two cents, and the other, six hundred and fifty dollars, making in all seven hundred and forty-one dollars and seventy-two cents—and the above property is released. July 20, 1857.”
The object was to prove the satisfaction of the judgment— the main issue in the case. The defendants objected to the introduction of the…
2Cases cited2 opinions
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3Cited by11 opinions
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- Western National Bank v. Maverick National BankSupreme Court of Georgia · 1892
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