Wellman v. English

Citations

• 38 Cal. 583

Syllabus

<p>Claim and Delivery of Pebsonal Pbopebty.—Li an action for the delivery of personal property, under the code, the plaintiff may or may not, at his election; seek its immediate delivery.</p> <p>Action against Shebiff—No Demand.—No demand is necessary before suing a Sheriff for personal property tortiously taken by him.</p> <p>Tobtiocs Taking.—If a Sheriff take property not belonging to the defendant in the writ, whether in his possession or not, the taking is tortious.</p>