Cook v. Rochford

Decided August 23, 1886

California Supreme Court · decided 1886-08-23

Replevin. The complaint in this action alleges that the defendant is sheriff of Modoc county, California; that on the 1st of July, 1884, at Alturas, Modoc county, California, plaintiff was the owner and in the exclusive possession of certain saloon furniture, fixtures, and stock set out in the complaint; that the value of such goods was eleven hundred and nine dollars and seventy-five cents; that the defendant, as such sheriff, on the 1st of July, 1884, without the consent…

Decided 1886-08-23

By the COURT.

¶1The court below should have granted a new trial. The evidence was insufficient to show that there was an immediate delivery and continued change of possession of the property in controversy.

¶2Judgment and order reversed and cause remanded for a new trial.