gno.law

Lacey v. Beaudry

California Supreme Court · No. 6252 · 1879-07-01 · Published · 53 Cal. 693

SIDNEY LACEY v. PRUDENT BEAUDRY

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 :

Without considering the defective averments of the complaint, it is enough to say that among the many errors occurring at the trial, one of the most prominent was the giving of the second instruction requested by plaintiff, which was to the effect that the defendant Beaudry, by the mere “ issuance and service ” of an injunction, converted to his own use certain property on premises then in the possession of the present plaintiff.

Judgment and order reversed, and cause remanded for a new trial. Bemittitur forthwith.

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