Legal Opinion

Walker v. Woods

California Supreme Court

Decided July 1, 1860PublishedCited by 2 opinions

Appeal from the Tenth District. Replevin for certain mules and saddles, alleged to have been wrongfully seized and detained by defendant, plaintiff claiming to be the owner thereof. Defendant denied the ownership of plaintiff, etc., and justified the seizure, in his capacity of Sheriff, under an attachment at the suit of Crafts 4" Farish v. Conn, and under a judgment and execution in said suit.

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Appeal from the Tenth District. Replevin for certain mules and saddles, alleged to have been wrongfully seized and detained by defendant, plaintiff claiming to be the owner thereof. Defendant denied the ownership of plaintiff, etc., and justified the seizure, in his capacity of Sheriff, under an attachment at the suit of Crafts 4" Farish v. Conn, and under a judgment and execution in said suit. The answer set up specially the regular legal proceedings in procuring the attachment, and that plaintiff claimed to be owner of the property seized, by purchase from said Conn, which purchase is…

1Opinion of the CourtBaldwin, J.

Cope, J. concurring.

Trespass against the Sheriff for seizing chattels claimed by the plaintiff. The defendant justified under a writ of attachment, and also under an execution issuing upon a judgment had in the attachment suit. On the trial, the Court ruled out the attachment proceedings and the judgment and execution, on the ground that the defendant had not proved all of the debt upon which the attachment issued. But the Court manifestly erred in this ruling. If no debt had been proved, as the defendant introduced the judgment and execution, and offered to *69show a levy by him and a sale of…

2Cited by2 opinions

  1. Sexey v. AdkinsonCalifornia Supreme Court · 1867
  2. Peterson v. MerrittIdaho Supreme Court · 1913

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