Buffandeau v. Edmondson

Citations

• 17 Cal. 436

Syllabus

<p>Where a Sheriff has levied on and is about to sell property of an execution debtor, and the defendant in execution obtains from the Court in which the judgment was rendered an injunction restraining the plaintiff in the judgment, his servants, etc., from proceeding to sell under such execution, and this injunction is served upon the Sheriff, who in defiance of it afterwards makes the sale, he is a naked trespasser, and liable in damages—even though he he not a party to the injunction suit.</p> <p>Query: Whether the Sheriff could set up in defense that the property was justly subject to plaintiff’s debts and has been so applied ?</p> <p>Query: Whether a Sheriff in such case be a necessary party to the injunction ? But if so, he is a merely formal party, and the failure to include him in the suit does not absolve him from the duty of obej-ing the injunction, if he be notified of it.</p> <p>The provision of law punishing the Sheriff for acting in defiance of an order of Court, is more for the sake of the public, than the redress of the private grievance involved in such delinquency.</p>