Graves v. Moore

Citations

• 58 Cal. 435
• 1881 Cal. LEXIS 249

Syllabus

<p>Sheriff—Execution—Counsel Eees—Damages—Conflict of Evidence. , The plaintiff as Sheriff, under an'execution in favor of the defendants, levied on certain personal property; but before the sale S. & Co., and also one S., each claimed the property pursuant to § 689 of the Code of Civil Procedure. Written notice of the latter claim, and also (it was claimed) of the former, was given by plaintiff to the defendant, who delivered to the plaintiff an indemnity bond, against the claim of S., and ordered him to sell. After the sale, S. & Co. sued the plaintiff for the value of the property, which was paid. In an action to recover the amount of the judgment, also one hundred dollars paid as counsel fees, the Court found (among other facts) that the plaintiff notified the defendants of the claim of S. k Co., and was thereupon directed to sell.</p> <p>Held, That upon the former point the evidence was conflicting, and therefore sufficient to sustain the finding; and, held, further, that the plaintiff was entitled to recover not only the amount of the judgment, hut the expenses attending the action which he had to defend.</p>