Peterie v. Bugbey

Citations

• 24 Cal. 419

Syllabus

<p>Conflicting Evidence.—If the testimony is conflicting, the Supreme Court will not attempt to weigh the evidence and decide between conflicting statements.</p> <p>Witness—Assignor of Thing in Action.—B. commenced an action against S. on a promissory note indorsed by A. to B., and procured an attachment, by virtue of which the Sheriff levied on goods and chattels as the property of S. P., who claimed that the property levied on belonged to him, brought suit against B. and the Sheriff, to recover possession of the same. On the trial, B. offered A. as a witness on behalf of himself and the Sheriff. Held, that A. was a competent witness, and that he was not the assignor of a thing in action, within the meaning of the four hundred and twenty-second section of the Practice Act, as amended in 1861. Held, further, that A had not such a “ present, certain, and vested interest” in the result of the suit as disqualified him under the three hundred and ninety-first section of the Practice Act.</p> <p>Same.—The status to which the four hundred and twenty-second section of the Practice Act applies only exists where the thing in action or contract assigned is the subject matter, or a part thereof, of the suit pending, and in which the assignor is offered as a witness.</p> <p>Execution on Judgment for Possession of Personal Property.—Where A. commences a suit against B. to recover possession of personal property, and, before the suit is commenced, B. has sold the property to C., if A. recovers judgment, the property cannot bo taken from 0. under an execution issued on the judgment for its delivery.</p>