Spooner v. Cady

Citations

• 5 Cal. Unrep. 357
• 44 P. 1018
• 1896 Cal. LEXIS 1106

Syllabus

<p>Attachment—Exemplary Damages Against Sheriff on Dissolution.—Where a sheriff, in attaching property, was not guilty of any oppression, fraud or malice, within the meaning of Civil'Code, section 3294, but acted fairly in all respects, and simply performed the duties required of him as a public officer, exemplary damages will not be allowed against him on dissolution of the attachment.</p> <p>Trover—Damages—Costs and Counsel Fees.—Where the only evidence of money properly expended in the pursuit of personal property which has been wrongfully converted (made a measure of damages under Civil Code, section 3336) is that plaintiff made a note for a gross sum to an attorney, in full payment of all expenses of the proposed suit, from its commencement to its determination, and it does not appear what, if any, expenses were incurred, except that at the end of the controversy plaintiff had judgment for her costs, the money paid by plaintiff to her attorney cannot be properly taken into account, in estimating her damages.1</p>