Beckman v. Manlove

Citations

• 18 Cal. 388
• 1861 Cal. LEXIS 205

Syllabus

<p>Plaintiff recovered judgment against defendant for seizing, as Sheriff, under execution, certain exempt property. Defendant then procured an assignment to him of the judgment on which the execution issued, and moved the Court to set off this latter judgment against the former : Held, that the motion was properly denied; that defendant being sued as a wrong door, the judgment of plaintiff for the value of the property must, as between plaintiff and defendant, be regarded as standing in place of the property; and that if defendant were allowed in this way to take advantage of his own wrong, he would practically defeat the purpose of the Exemption Law.</p> <p>Mallory v. Norton, (21 Barb. 424) upon this question, commented on.</p>