Sheldon v. Loomis

Decided April 15, 1865

California Supreme Court · decided 1865-04-15

<p>Verdict of Sheriff's Jury on Claim of Property.—Where property is levied on by a Constable or Sheriff, by virtue of an attachment or execution, as the property of the defendant in the suit, and is claimed by a third party, and a jury is called to try the right of property under the claim, and the verdict of the jury is against the claimant, this verdict is no protection to the 9fficer in a suit brought against him by the claimant,.nor is it admissible in evidence as a defense.</p>

Cited by 2 later decisions — most recently February 1937

2 state decisions

Relies on 10 Cal. 2d 191 - Reed v. Industrial Accident Commission

Good law ✅— No negative treatment on recordhow we know

Decided 1865-04-15

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¶1 *123By the Court,

Sawyer, J.

¶2This is an action to recover a quantity of lumber. Defendant justifies the taking and detention under an attachment and execution issued in the suit of Frank et al. v. Perkins. Defendant offered in evidence the proceedings before a constable’s jury to try the right of property on a claim made by plaintiffs in pursuance of sections two hundred and eighteen and six hundred and two of the Practice Act, and the verdict of the constable’s jury against the plaintiffs in that proceeding/ The evidence was excluded on objection by plaintiffs, and defendant excepted. This verdict did not protect the constable, and was properly excluded. (Perkins v. Thornburgh, 10 Cal. 191.)

¶3We see no error of law, and cannot say that the verdict is not supported by the evidence.

¶4Judgment affirmed.