Babe v. Coyne

Citations

• 53 Cal. 261

Syllabus

<p>Attachment—Justification by Sheriff.— A Sheriff makes out a prima facia case of justification of the seizure of property under a writ of attachment, by the production of the writ and affidavit on which it was issued, notwithstanding the affidavit was originally insufficient, and was amended subsequent to the seizure, if the property was in possession of the defendant and attached as his property.</p> <p>Same—Validity of Sale.—The Sheriff is entitled to show such justification, irrespective of any question as to the validity of the sale to the plaintiff’s lessor.</p>