Shumway v. Leakey
California Supreme Court
Appeal from a judgment of the Superior Court of Lassen County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
—This is an action under section 4181 of the Political Code, which provides, in relation to a sheriff, that “ if he neglects or refuses to pay over on demand to the person entitled thereto any money which may come into his hands by virtue of his office (after deducting his legal fees), the amount thereof, with twenty-five per cent damages, and interest at the rate of ten per cent per month from the time of demand, may be recovered by such person.”
The defense of the sheriff was, that after deducting his legal fees there remained only $76.66, which he duly tendered to the plaintiff,…
2Cases cited3 opinions
- Campbell v. JonesCalifornia Supreme Court · 1871
- Geil v. StevensCalifornia Supreme Court · 1874
- Bower v. RankinCalifornia Supreme Court · 1882
3Cited by4 opinions
- Noel v. CowanMontana Supreme Court · 1927
- First National Bank of Stevens Point v. KickbuschWisconsin Supreme Court · 1890
- Alexander v. WilsonCalifornia Supreme Court · 1904
- More v. Western Grain Co.North Dakota Supreme Court · 1914