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47 Cal. 612

Regli v. McClure

California Supreme Court

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

Sutter County. The action was brought by Regli and Pleisch against the defendant, as Sheriff of Tuba county, to recover damages for the conversion of a number of cows, heifers and calves. On the sixth of May, 1872, Q-. W. Leet commenced an action against Antoine Gerig, for money due upon a promissory note. Gerig was then the tenant of Leet, occupying a ranch in Sutter county, and Pleisch worked for him. Gerig owned ana kept the cattle on the ranch.

Cited by 1 later decisions — most recently April 1896

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

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By the Court;

¶1The verdict of the jury should have been set aside by the Court below. The circumstances disclosed by the evidence do not amount to that change of possession required by the statute. The conflict in the evidence as to the alleged fraud in the sale of the cattle, if indeed there be any conflict at all, is not substantial in its character. The sale was plainly fraudulent. The jury must have misunderstood the testimony in the case. The verdict can be accounted for in no other way.

¶2.Judgment reversed, and cause remanded for a-new trial. Remittitur forthwith.

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