McBride v. Fallon
Citations
- 65 Cal. 301
- 4 P. 17
- 1884 Cal. LEXIS 530
Syllabus
<p>Judgment—Execution—Levy—Offset.—The plaintiff recovered judgment against the defendant for a sum of money. Afterward, the defendant recovered a judgment against the plaintiff in the same court for a smaller amount. Held, that the defendant had a right of offset against the plaintiff to the extent of the judgment in her favor, and that an assignee of the plaintiff took subject to such right.</p> <p>Id.—Levy Upon and Sale of Judgment.—A judgment cannot be levied upon and sold under execution as personal property capable of manual delivery. It can only be levied upon in the mode prescribed by subdivision five of section 542 of the Code of Civil Procedure.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “To reverse a conviction the evidence of the defendant’s election to remain silent must point directly at the substance of defendant’s defense or otherwise substantially prejudice the defendant in the eyes of the jury”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sharpstein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.