Strong v. Patterson

Citations

• 6 Cal. 156

Syllabus

<p>In an action against a sheriff for refusing to levy an attachment on certain property as bolonging to the attachment debtor, testimony that the property had been claimed by a third party, and the right of property tried before a sheriff's jury, and decided in favor of claimant, is irrelevant and inadmissible, when those facts have not been set up as new matter of defence in the answer.</p> <p>As under the statute the plaintiff, after the introduction of such testimony, would be bound to show that he had tendered an indemnity bond, ho may well complain that he is taken by surprise, the issue not being tendered by the pleadings.</p> <p>The objection to the introduction of such testimony on the ground that it is irrelevant, is sufficient.</p>