Horn v. Corvarubias
HORN v. CORVARUBIAS
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
The answer admits that the property was in the possession of the plaintiff when it was attached by the sheriff. *526The complaint specifies a deficiency of the evidence to sustain the finding involved in the general verdict of the jury that the property was in the possession of the debtor.
An officer who seizes property in the hands of a debtor may justify under the writ of attachment simply; but if he takes it from the possession of a third person, he must prove not only the attachment, but also the proceedings on which it was based. (Thornburg v. Hand, 7 Cal. 554.)
Order reversed and cause remanded for a new trial.
Cites, in this corpus
- Thornburgh v. Hand · 1857-07-01
Cited by
- McRae v. Lackmann Civ. No. 493. · 1908-05-11
- Brichman v. Ross No. 9072 · 1885-10-22