· 7/1/1856

Taylor v. Seymour

Citations

  • 6 Cal. 512

Syllabus

<p>An officer, attaching goods under civil process, is entitled to notice of the claim of a third party to the goods, and a demand for them, or he is not liable in damages to such party for such seizure and detention.</p> <p>Nor is his right to notice and demand affected by the fact that he had obtained indemnity before seizing the goods, for the notice of another’s claim to them, might materially affect the character of the indemnity which he might require.</p> <p>A conversation between the claimant of the goods and the officer’s bailee, in which the former asserted that the goods were his, cannot be held as notice to the officer.</p>

Judges: Heydenfeldt

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