Laughlin v. Thompson

Citations

• 76 Cal. 287
• 18 P. 330
• 1888 Cal. LEXIS 876

Syllabus

<p>Evidence — Admission of Irrelevant—Review on Appeal.—Error in admitting irrelevant evidence will not be reviewed on appeal, unless objection to its admission on the ground of irrelevancy was made at the trial.</p> <p>Claim” and Delivery—Sufficient Answer — General Demurrer — Irrelevant Matters of Defense.—An answer in an action of claim and delivery, which denies the ownership of the plaintiff, is not obnoxious on a general demurrer, although other irrelevant matters are set up therein as a defense.</p> <p>Id.—Lien of Third Persons on Property—Possession.—In an action of claim and delivery, a defendant who has wrongfully taken possession of the property cannot set up as a defense that other persons who are not defendants have a lien on the property which entitles them to its possession.</p> <p>Id. — Wrongful Possession by Constable—Action to Recover Possession. — A defendant in an action of claim and delivery, from whose possession the property is wrongfully taken by a constable, in pursuance of a direction from the plaintiff, may maintain an action against the officer to recover its possession.</p> <p>Id.—Justification by Constable.—A constable is not justified in taking the property in controversy in an action of claim and delivery from the possession of the defendant, upon a direction so to do by the plaintiff unless he receives from the plaintiff an affidavit, order, and undertaking substantially complying with sections 510, 511, and 512 of the Code of Civil Procedure.</p>