Public-domain · open source
OpenJurist

54 Cal. 639

Forsyth v. Bower

California Supreme Court

Decided July 1, 1880

California Supreme Court · decided 1880-07-01

Reed, J. The original complaint alleged the detention of the goods by the defendant, and prayed for the recovery of possession. The amended complaint omitted the allegation as to the detention, and the prayer for the recovery of possession, and demanded judgment for their value, and damages. It appeared on the trial that the defendant had sold the goods and parted with the possession before the bringing of the action.

Cited in Bouvier (1914)’s definition of “Exemption”

Decided 1880-07-01

Department No. 2, by the Court (from the Bench):

¶1The property involved in this controversy was claimed by plaintiff to be exempt from seizure by reason of his being a hack-man, and using the same in his business as such. It was not necessary that he should have been actually using the property at the very time of the seizure ; it was sufficient if he was engaged in the business as a means of livelihood, even though the horses were at the time at pasture temporarily, and the hack at the painter’s undergoing repairs. The jury found that he was a hackman, habitually earning his living with the property, carrying passengers, and was using it at the time of the levy.

¶2The points presented by the instructions asked for by the defendant were in fact passed upon and found by the jury; therefore, defendant suffered nothing from the ruling of the Court, even if he had been entitled to the instructions, which is very doubtful, as the instructions asked for were too general, and might have misled the jury without further explanation. An instruction should be complete in itself.

¶3Judgment and order affirmed.

/54/cal/639 · .json · Public domain