George H. Fuller Desk Co. v. McDade

Citations

• 113 Cal. 360
• 45 P. 694
• 1896 Cal. LEXIS 794

Syllabus

<p>Conversions—Attachment by Sheriff—Possession of Debtor.—The at. tachment by a sheriff of goods in the possession of the attachment debtor, which be has no reason to suppose to be the property of another, is in pursuance of the authority of the writ of attachment, and does not constitute a conversion of the property attached.</p> <p>Id.—Refusal to Surrender to Owner—Notice of Claim—Pleading.— Where facts are stated in a complaint, showing that upon notice of the true owner’s claim, the sheriff refused to surrender to plaintiff as such owner, the possession of property attached in the hands of another person, under a writ of attachment against such person, the complaint states a cause of action for the recovery of the value of the property from the sheriff.</p> <p>Id.—Recital in Pleading—Demurrer—Waiver of Objection.—The objection that facts showing a refusal to surrender possession after notice of plaintiff’s ownership are stated by way of recital rather than directly, is waived by the absence of a special demurrer specifying that fault, and, in such case, the complaint cannot be treated as bad on that account.</p> <p>Id.—Demand for Property—Action against Sheriff and Deputies— Misjoinder.—A complaint showing refusal of the sheriff to surrender possession of property attached after notice of plaintiff’s ownership is not bad in not averring a demand for the property in the manner and form prescribed by section 689 of the Code of Civil Procedure; nor does the fact that the complaint is against the sheriff and the sureties on his official bond to recover the value of the property show any misjoinder of causes of action in tort against the sheriff, and contract of the sureties on his official bond.</p>