Gavitt v. Doub
California Supreme Court
Appeal from the Seventh Judicial District, Marin County. The complaint alleges that about the twenty-sixth day of August, 1858, defendant with force and arms entered upon plaintiff’s premises and forcibly took from plaintiff’s possession, and drove and carried away, and converted to his own use, a yoke of oxen and two cows, the property of plaintiff.
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Appeal from the Seventh Judicial District, Marin County. The complaint alleges that about the twenty-sixth day of August, 1858, defendant with force and arms entered upon plaintiff’s premises and forcibly took from plaintiff’s possession, and drove and carried away, and converted to his own use, a yoke of oxen and two cows, the property of plaintiff. The action was commenced February 19th, 1859. Defendant answered March 3d, 1859, setting up that he made the seizure as Sheriff by virtue of an attachment issued against the property of plaintiff March 6th, 1858, and sold the property on the…
1Opinion of the CourtCrocker, J.
This is an action against the defendant, Sheriff of Marin County, to recover damages for the sale of certain personal property on an execution against the plaintiff, and claimed by him as exempt from levy and sale. The defendant recovered judgment, from which, and from an order refusing a new trial, the plaintiff appeals.
The Court below permitted the defendant to amend his answer by adding an averment of the levy upon the property, and this is assigned as error. The amendment was properly allowed, and this point is therefore overruled.
On the trial the defendant offered in evidence an…
2Cases cited4 opinions
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1814
- Borland v. O'NealCalifornia Supreme Court · 1863
- Woodward v. HarbinSupreme Court of Alabama · 1842
- Mitchell v. OsgoodSupreme Judicial Court of Maine · 1826
3Cited by7 opinions
- People v. GoldensonCalifornia Supreme Court · 1888
- Liquid Veneer Corporation v. SmucklerCourt of Appeals for the Ninth Circuit · 1937
- Irions v. Keystone Manufacturing Co.Supreme Court of Iowa · 1883
- Boot v. BoydCalifornia Court of Appeal · 1918
- Rickards v. LaddU.S. Circuit Court for the District of Oregon · 1879
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