Houser & Haines Manufacturing Co. v. Hargrove

Citations

• 6 Cal. Unrep. 384
• 59 P. 947
• 1900 Cal. LEXIS 1101

Syllabus

<p>Appeal—Time.—An Appeal may be Taken from an Order denying a motion for new trial, when made within proper time after the denial, though the time limited for appeal from the final judgment has expired.</p> <p>Appeal—What Beviewable.—On Appeal from an Order Denying a motion for a new trial, the court will consider the sufficiency of the evidence, and the errors of law, if any, occurring during trial.</p> <p>Sale.—Plaintiff Delivered a Harvester to R. Under Contract that it did not part with title until notes given therefor were fully paid, and in ease of default it was, if it wished, to take possession of the harvester, and all payments thereon were to be retained as compensation for its use prior to the default. After default in payment, R. sold the harvester to defendant for a valuable consideration. Held, that R., having no title, but only a right to secure title, could convey none to defendant, and that plaintiff was the owner, and entitled to possession.</p> <p>Sale.—Plaintiff Delivered a Harvester to R., Retaining Title until payment made. The tax thereon, together with the tax on several other items of personal property belonging to R. alone, was assessed to “R. and wife and H.” (the plaintiff), and the harvester was sold to defendant for delinquent taxes. Held, that, under Political Code, sections 3628, 3636, providing that the assessor shall ascertain the name of the owner, and assess the property to him, and, if unable to ascertain the name, shall assess it to the “unknown owner,” the assessment was invalid.</p> <p>Taxation.—A Sale of the Personal Property of H. for taxes due, not by him alone, nor upon the property alone, but for taxes on property not owned by H., and given to the assessor as the property of R., is void, under Political Code, sections 3820, 3821, providing for a collection of the personal property tax by seizure and sale of any personalty owned by the person against whom the tax is assessed.</p> <p>Taxation—Mistake in Name.—Political Cod