Brichman v. Ross

Citations

• 67 Cal. 601
• 8 P. 316
• 1885 Cal. LEXIS 705

Syllabus

<p>New Tbial—Notice of Motion—Court cannot Extend Time fob Giving.—The right to move for a new trial is statutory, and neither the court nor a judge thereof has power to extend the time for giving notice of such motion.</p> <p>Id.—Objection to Notice—Waiveb—Appeal.—An objection that the notice was not given in time must be taken in the lower court, or it will be deemed to have been waived, and the time extended by consent of the parties. Such an objection cannot be raised for the first time in the Supreme Court.</p> <p>Attachment—Levy on Personal Pbopbbty in Possession of Defendant in the Writ—Justification by Officeb—Replevin.—In an action by the owner to recover possession of personal property from an officer, who had levied upon it under an attachment against a third person in whose possession it was found, the writ of attachment is admissible in evidence as a prima facie justification of the act of the officer in making the levy, if the writ bo regular upon its face, and issued by a court having jurisdiction of the subject-matter, and in a case where the law authorizes its issuance.</p> <p>In.—Ownership of Pbopebty Seized—Evidence.—On the trial of the action, the ownership of the property being in issue, the plaintiff, after testifying to his ownership, and that the defendant in the attachment suit was in possession under an unexecuted contract of sale, was asked on cross-examination to describo the property which he sold to such defendant. Meld, that the question was proper.</p> <p>Id.—Judgment fob Plaintiff—Must be in Altebnative.—In such an action, the judgment, if in favor of the plaintiff, must be in the alternative form required by section 667 of the Code of Civil Procedure, although the property had been delivered to him.</p>