Legal Opinion

Glide v. Kayser

California Supreme Court

Decided March 8, 1904No. Sac. No. 1037PublishedCited by 13 opinions

APPEAL from a judgment of the Superior Court of Yolo County arid from an order denying a new trial. E. E. Gaddis, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFARLAND, J.

This is an action—which at common law would have been called replevin—to recover the possession of certain cattle. At the commencement of the action plaintiff took possession of the property under the provisions of the Code of Civil Procedure called “Claim and Delivery.” Defendant answered, denying generally the averments of the complaint, and asserting a certain lien on the property, but he did not ask for a return of the cattle or the enforcement of the asserted lien; he merely prayed for a dismissal of the action and costs. But he also filed a cross-complaint in which he averred that he…

2Cases cited4 opinions

  1. National Fire Insurance Company v. . McKayNew York Court of Appeals · 1860
  2. Meyer v. QuiggleCalifornia Supreme Court · 1903
  3. Barhyte v. HughesNew York Supreme Court · 1861
  4. Hoffman v. RemnantCalifornia Supreme Court · 1887

3Cited by13 opinions

  1. Empire Investment Co. v. MortCalifornia Supreme Court · 1915
  2. Gorman v. Superior CourtCalifornia Court of Appeal · 1937
  3. Leslie v. Brown Brothers IncorporationCalifornia Supreme Court · 1929
  4. Morris v. WarnerCalifornia Supreme Court · 1929
  5. Haro v. Southern Pacific RailroadCalifornia Court of Appeal · 1936

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