Wellman v. English
California Supreme Court
Appeal from the District Court of the Second District, Tehama County. The defendant appealed. The action was against a Sheriff for the delivery of personal property tortiously taken by him under an execution against persons, other than the plaintiffs, in whose possession the property was at the time of the taking- The points appear in the opinion of the Court,
1Opinion of the CourtSanderson, J.
First—We do not understand that a plaintiff in an action under Title VI., Chapter 2, in relation to the claim and delivery of personal property, is required, in order to maintain the action for a delivery, to take steps to secure the immediate delivery of the property, by making the affidavit and giving the undertaking required for that purpose. We understand that it is the privilege of the plaintiff to claim the delivery of the property at any time before the filing of the answer, but that it is not compulsory upon him to do so. The mere circumstance that he is required to claim the…
2Cases cited3 opinions
- Sargent v. SturmCalifornia Supreme Court · 1863
- Boulware v. CraddockCalifornia Supreme Court · 1866
- Ledley v. HaysCalifornia Supreme Court · 1850
3Cited by8 opinions
- Taugher v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910
- George H. Fuller Desk Co. v. McDadeCalifornia Supreme Court · 1896
- Brenot v. RobinsonCalifornia Supreme Court · 1895
- United States ex rel. Reconstruction Finance Corp. v. Certain Parcels of Land in Los AngelesDistrict Court, S.D. California · 1945
- Burchett v. PurdySupreme Court of Oklahoma · 1894
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