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· 7/1/1858

Waldman v. Broder

Citations

  • 10 Cal. 378

Syllabus

<p>In an action of replevin by W., it appeared, on the trial, that the property sued for belonged to him and one F., a third party, and the jury returned a general verdict for the defendants, and the Court gave judgment for a return of the property to the defendants : Held, that there was no error in the judgment.</p> <p>The legal effect of finding for the defendants, on the question of the plaintiff's right to the property, was to entitle the defendants, from whom the property was taken, to its restoration.</p> <p>Where the execution-debtor owns property jointly with another, a sheriff, who has such execution, has the right to levy on such property, and take it into possession, for the purpose of subjecting it to sale.</p>

Judges: Baldwin

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