Rider v. Edgar

Citations

• 54 Cal. 127

Syllabus

<p>Oral Charge—Instructions—Exceptions.—Exceptions to the oral charge of the Court below must be specific, and point to the particular portions of the charge claimed to be objectionable; and this rule is equally applicable where it is claimed that all the propositions laid down, in the charge are objectionable.</p> <p>Taking—Conversion—Trespass—Trover.—To maintain trover or trespass de bonis asportatis, evidence of an actual forcible dispossession of the plaintiff is not necessary. Any unlawful interference with the property, or exercise of dominion over it, by which the owner is damnified, is sufficient to maintain either action. Held, accordingly, in an action by a mortgagee of personal property against a sheriff, for taking the same under attachments against the mortgagor, that a levy upon a part of the property in the possession of the mortgagor, and the appointment of a keeper, was a talcing, although the property was not moved or otherwise disturbed, and though it was released before any demand from the plaintiff.</p> <p>Id.—New Trial—Statement—Specification.—Held, further, in the same case, that an objection to the verdict, that it included the value of the property thus released, could not be considered under the specification (of insufficiency of evidence) that the said property had never been taken by the defendant.</p> <p>Chattel Mortgage—Growing Crop.—A chattel mortgage upon a growing crop, as against an attaching creditor, continues to be a lien upon the crop, in the possession of the mortgagor, after severance and removal from the land.</p>