Lafontaine v. Greene

Citations

• 17 Cal. 294

Syllabus

<p>Where, in an action to recover specific personal property, plaintiff relied exclusively upon his possession at the time of the taking by defendant; and defendant, having first established a prima facie title sufficient to destroy the presumption of title in plaintiff arising from his possession, then went further and showed—plaintiff excepting—that plaintiff obtained the property by proceedings under a void judgment: Held, that the introduction of this further evidence by defendant, showing the invalidity of the judgment, was of no advantage to him—as he had already rebutted plaintiff’s case based solely on possession—and hence that it did not prejudice plaintiff, and is no ground of error.</p> <p>Under sections six hundred and one and six hundred and two of the Practice Act, a Constable may serve an execution out of his township.</p>