Walden v. Murdock
California Supreme Court
Appeal from the District Court, Thirteenth Judicial District, Stanislaus County. The cattle levied on by the Sheriff, and for which this suit was brought, were that portion of the herd sold by Wells to Walden, roaming at large over the plains, and of which Walden had not, previous to the levy, taken actual possession.
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Appeal from the District Court, Thirteenth Judicial District, Stanislaus County. The cattle levied on by the Sheriff, and for which this suit was brought, were that portion of the herd sold by Wells to Walden, roaming at large over the plains, and of which Walden had not, previous to the levy, taken actual possession. The verdict was rendered and the judgment entered up June 14th, 1861. On the same day plaintiff filed and served notice of motion for a new trial, and within five days thereafter filed and served his statement on motion for new trial. Ho other statement was made on appeal from…
1Opinion of the CourtCrocker, J.
delivered the' opinion of the Court—Norton, J. concurring specially.
The plaintiff sues to recover damages for the seizure and conversion of one hundred and seventy-five head of cattle, claimed by him. The defendant justifies under a writ of attachment in his hands, as Sheriff, issued at the suit of one Wilson against one Wells, the plaintiff’s vendor. , The cattle in controversy were part of a large lot bought by the plaintiff of Wells on the twenty-eighth day nf November, 1860, in consideration of the plaintiff’s note for two thousand dollars and a debt of eight hundred and thirty-six…
2Cases cited4 opinions
- Dana v. StanfordsCalifornia Supreme Court · 1858
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- Towdy v. EllisCalifornia Supreme Court · 1863
- Hanscom v. TowerCalifornia Supreme Court · 1861
3Cited by9 opinions
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- Pierce v. BirkholmCalifornia Supreme Court · 1896
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- Sloan v. HiattCalifornia Court of Appeal · 1966
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