Schmidt v. Nunan
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover certain personal property or its value, and the sum of one hundred and fifty dollars as damages for the detention.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover certain personal property or its value, and the sum of one hundred and fifty dollars as damages for the detention. There was no evidence upon the question of damages caused by the detention, but the court gave judgment for a return of the property with legal interest on its value from the wrongful taking, or if not returned, for the value of the property with legal interest thereon as damages for the detention from the date of the…
1Opinion of the CourtMcKee, J.
Action to recover the possession of personal property or its value. The action was tried upon an issue of justification, under a writ of attachment against the plaintiffs’ vendors.
Demand and refusal were admitted; it was also admitted that the defendant, acting as the sheriff of the city and county of San Francisco, by a writ of attachment sued out in the case of Dalton & Gray against Schmidt, Christian & Co., seized the property as the property of the attachment debtors, and afterwards sold it, at execution sale, by an execution issued on a judgment rendered in the case, and applied the…
2Cases cited3 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Kelly v. McKibbenCalifornia Supreme Court · 1880
- Freeborn v. NorcrossCalifornia Supreme Court · 1874
3Cited by6 opinions
- Levy-Zentner Co. v. SOUTHERN PAC. TRANSPORTATIONCalifornia Court of Appeal · 1977
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- Newby v. VromanCalifornia Court of Appeal · 1992
- Webster v. ShermanMontana Supreme Court · 1906
- Black v. Vermont Marble Co.California Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.