Wilson v. Broder
California Supreme Court
Appeal from the County Court of Alameda County. This was a proceeding, by motion, against the defendants, under the provisions of the ninth section of the “ Act concerning Sheriff," passed April 29, 1851. The plaintiff had judgment in the Court below, and both parties appealed to this Court. The facts appear in the opinion of the Court.
1ConcurrenceField, J.
This was a proceeding by motion, at the instance of Wilson, plaintiff below, to recover the amount of an execution, with interest and damages, of the principal defendant, for failing to pay over money collected by him, as sheriff of Alameda county. *488The execution on which the money was made, issued on a judgment recovered by one Hart against Moore and Grey. The plaintiff in the action claims to be the assignee of this judgment, and moves, in his own name, as such. The appellant objects to the regularity of this proceeding. This is a summary proceeding, in derogation of the rules of the common…
2Cases cited2 opinions
- People v. ColemanCalifornia Supreme Court · 1854
- Johnson v. GorhamCalifornia Supreme Court · 1856
3Cited by4 opinions
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