Averett v. Sobrunes

Citations

• 79 Cal. 207
• 21 P. 739
• 1889 Cal. LEXIS 699

Syllabus

<p>Official Bond—Constable—Title of Property Seized—Possession— Findings — Error not Affecting a Substantial Eight.—In an action on the official bond of a constable for the wrongful seizure of plaintiff’s property on execution against a third party, the title of plaintiffs to the property seized at the time of the seizure is in issue, arid should be found. But a finding that the property was taken from plaintiff’s possession, and converted by the defendant to his own use, though defective as being a finding of evidence of title rather than of the ultimate fact of title, when considered in connection with a finding that plaintiffs were the owners and entitled to the possession of the property at the time of the commencement of the action, is an error or defect which does not affect the substantial rights of the parties, and should be disregarded.</p>