Sagely v. Livermore
California Supreme Court
Appeal from the District Court of the Sixteenth Judicial District, Kern County. On the 16th of March, 1869, the plaintiff, as Sheriff of Kern County, levied upon certain personal property belonging to one Stine, by virtue of a writ of attachment issued in a suit brought by defendant Livermore and Julius Chester against Stine. Subsequently Livermore' obtained a judgment in that suit, but being dissatisfied with it, he moved for a new trial.
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Appeal from the District Court of the Sixteenth Judicial District, Kern County. On the 16th of March, 1869, the plaintiff, as Sheriff of Kern County, levied upon certain personal property belonging to one Stine, by virtue of a writ of attachment issued in a suit brought by defendant Livermore and Julius Chester against Stine. Subsequently Livermore' obtained a judgment in that suit, but being dissatisfied with it, he moved for a new trial. His motion was denied, and he appealed td the Supreme Court. It appears from the findings that in June, 1869, Stine, “in open Court, in the presence of the…
1Opinion of the Court
By the Court, Wallace, C. J.:
The writ of attachment issued in the action of Livermore v. Stine commanded the Sheriff to attach and safely keep the property of the defendant in that action, or so much as might be sufficient to satisfy the demand of the plaintiffs. This writ had come to the hand of the plaintiff here, while *615he was yet holding the office of Sheriff. He had partly executed it by seizing certain property, and had begun to execute that portion of its command which required him to safely keep the property. In this condition of things the plaintiff’s term of office, as Sheriff",…
2Cited by5 opinions
- Perrin v. McMannCalifornia Supreme Court · 1892
- Wood v. LowdenCalifornia Supreme Court · 1897
- In Re BakerCalifornia Court of Appeal · 1916
- People ex rel. Schayer v. KendallColorado Court of Appeals · 1899
- People ex rel. Schayer v. KendallColorado Court of Appeals · 1899