Sears v. Lydon

Citations

• 5 Idaho 358
• 49 P. 122
• 1897 Ida. LEXIS 28

Syllabus

<p>Writ cot Attachment — Seizure cot Chattels Under. — An officer, to justify the seizure of chattels under a writ of attachment against a stranger to such writ, must show a valid writ hy showing the existence of all of the jurisdictional facts that must exist before the writ can issue, and he must do this by the record, or duly authenticated copy thereof of the attachment suit.</p> <p>Same — To Justify a Sale Under Execution. — To justify a sale under an execution, as against a stranger to the writ, an officer seeking to justify thereunder must prove a valid judgment.</p> <p>Measure of Damages- — -Stock of Merchandise — How Estimated.— When a stock of merchandise is sued for, the measure of damage is the cost of such stock in like quantity at the place of the alleged trespass, if purchasable there in such quantity; otherwise the wholesale price of such goods on the nearest markets where they can be purchased in like quantity with necessary cost of transportation added.</p> <p>How Officer may Justify. — Although an officer cannot fully justify, a seizure under a writ of attachment or execution, valid on its face as against a stranger to such writ, without proving the jurisdictional facts upon which such writ issued, under section 3021 of the Revised Statutes, by showing absence of an actual and continued change of possession, yet he may, in such case, to protect himself against exemplary damages, show that the chattels seized by him under such writ were recently in possession of the defendant to the writ, and, in connection therewith, he may also show a lack of change of possession, but such showing will only protect him from exemplary damages, when he fails to prove the jurisdictional facts necessary to tlie issuance of a valid writ; he is permitted to make this showing to prove his good faith in making the seizure.</p> <p>Evidence Proving Eraud. — Circumstances are admissible to prove fraud, eco necessitate, that would not be admissible in ordinary cases.</p> <p>(