Spencer v. Long

Citations

• 39 Cal. 700
• 1870 Cal. LEXIS 141

Syllabus

<p>Liability of Sheriff.—Sale of Property Exempt from Execution.—A Sheriff who levies upon and sells property exempt from execution is liable for the value vf such property, if claimed as exempt prior to the sale.</p> <p>Idem.—Sale of Property Pending Order to Stay Proceedings.—A Sheriff who sells property on an execution issued by a Justice of the Peace, after the Justice has notified him that a writ of certiorari has been issued, and .commanded him to stay all proceedings upon tho execution, is liable for the value of the property.</p> <p>Practice.-^Grounds of Motion for a New Trial.—A paper containing tho grounds of a motion for a new trial, if unsigned, constitutes no part of the statement.</p> <p>Idem.—The grounds of a motion for a new trial aro indispensable to the statement. They constitute its basis, and if they arc wanting, the statement should be disregarded.</p>