Van Pelt v. Littler

Citations

• 14 Cal. 194

Syllabus

<p>A statement on appeal, certified by the Judge to be correct, according to Ms recollection, is not sufficient.</p> <p>An action on the official bond of a Constable lies primarily upon breach of the condition of the bond, whether the injury for which suit is brought be a trespasser not, the result of the nonfeasance or misfeasance of the officer.</p> <p>Where a Sheriff or Constable seizes the property of one man under an execution against another, he is a trespasser, and liable on his official bond.</p> <p>In an action of damages against a Constable for illegal seizure of plaintiff’s property, the judgment was for six hundred and fifty dollars, the sum claimed in the complaint, the value of the property being fixed therein at four hundred and fifty dollar’s, and the damages at two hundred dollars. The Court found the damages at six hundred and fifty dollars. There was no statement on new trial or appeal. Held, that the finding of the Court is conclusive, and that the judgment must stand.</p> <p>Cope, J. held, that the cause should he remanded to ascertain the value of the property, and that this, with legal interest, should be the judgment.</p>