Boulware v. Craddock
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Sutter County. This was an action brought against Craddock, a Constable in Sutter County, and his bondsman, to recover the value of two horses alleged to have been wrongfully seized and sold by Craddock as such Constable. The plaintiff was the owne'r of the horses, and in May, 1865, they strayed away from his premises, and continued to graze on uninclosed lands until July, 1865, when one Wm.
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Appeal from the District Court, Tenth Judicial District, Sutter County. This was an action brought against Craddock, a Constable in Sutter County, and his bondsman, to recover the value of two horses alleged to have been wrongfully seized and sold by Craddock as such Constable. The plaintiff was the owne'r of the horses, and in May, 1865, they strayed away from his premises, and continued to graze on uninclosed lands until July, 1865, when one Wm. Eaton took them into his possession. In August, 1865, defendant Craddock, as Constable, received an execution in favor of George Fry and against…
1Opinion of the Court
By the Court, Shafter, J.:
In an action against a Sheriff for a seizure and conversion of the plaintiff’s property, taken under process against a third person, a demand upon the defendant prior to the bringing of the suit is not necessary to a recovery. The Sheriff having misapplied his process, and whether by mistake or design will make no difference, stands in the position of every other trespasser, and is liable to an action the instant the trespass is committed. The circumstance that the property.was in the possession of the execution debtor at the date of the seizure amounts to nothing…
2Cases cited3 opinions
- Ledley v. HaysCalifornia Supreme Court · 1850
- Acker v. CampbellNew York Supreme Court · 1840
- Taylor v. SeymourCalifornia Supreme Court · 1856
3Cited by9 opinions
- Lipscomb v. NicholsSupreme Court of Colorado · 1882
- Taugher v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910
- George H. Fuller Desk Co. v. McDadeCalifornia Supreme Court · 1896
- Wellman v. EnglishCalifornia Supreme Court · 1869
- Lyman v. HolmesSupreme Court of Vermont · 1915
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