Lewis v. Johns

Citations

• 34 Cal. 629

Syllabus

<p>Joint Trespassers Under Legal Process—Liability op.—In an action by the parties whose property has been wrongfully taken under legal process, all who join or participate in the trespass are jointly liable as joint trespassers.</p> <p>Idem.—Plaintiff's property was illegally seized by defendant J., as Sheriff, by levy under writs of attachment against E. J. 0., sued out by the other defendants, D. & S., and L. & G-.; the levy under the writ of D. & S. taking precedence only because it first came to the hands of J. At the time of making said seizure J. acted without special directions from the other defendants, but immediately thereafter all the defendants were duly notified of plaintiffs' claim to said properfcy, and that a redelivory was demanded by plaintiffs of J., whereupon D. & S., and L. & G. executed and delivered separately to J. bonds of indemnity against the plaintiffs' said claim. The property seized, which consisted of grain in field in process of harvesting, was sold as perishable by J., whereby it became lost to plaintiffs, and the proceeds of the sale were applied to the satisfaction in full of the attachment debt of D. & S., and the residue to the satisfaction, in part, of the like debt of L. & G., for both of which lawful judgments against E. J. C, had in the meantime been recovered. Held, that all the defendants were joint trespassers, and jointly liable to plaintiffs for the damages sustained.</p>