De Temple v. Alexander

Citations

• 53 Cal. 3

Syllabus

<p>Replevin—Release of Sheriff nr Stipulation.—Where an action of replevin is brought to recover property in the possession of a Sheriff under attachment, and the parties stipulate that the property shall be turned over to a third party to await the final judgment in the cause, the Sheriff is released from all liability, and a judgment in form, only can be taken against him.</p> <p>Substitution of Party Plaintiff.—Where the plaintiff brought suit in replevin as the mother of the real parties in interest, asserting no right in herself, and subsequently the children, by their guardian ad litem, filed a complaint setting up the same cause of action, the subsequent appearance was not an intervention, but merely a substitution; and a stipulation made by the first plaintiff will bind the second.</p>