9 Cal. 74
Decided July 1, 1858
California Supreme Court · decided 1858-07-01
This is an action of replevin, to recover household furniture. The facts are as follows : Defendant, Green, on the fifteenth day of June, 1855, executed and delivered to the plaintiff an absolute bill of sale of certain household furniture, of the value of $500. The property, at the time of the execution of the bill of sale, was not delivered, but permitted to remain in a house occupied by Green, he exercising acts of ownership over the same.
Cited by 1 later decisions — most recently March 1915
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1858-07-01
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¶1The findings of the Court, which are supported by the evidence, fully establish the plaintiff’s right to recover. The defence sought to be established by the appellant was in the nature of a counterclaim, and should have been specially pleaded. The evidence offered was not admissible under the general issue.
¶2Judgment affirmed.