Wigmore v. Buell

Citations

• 122 Cal. 144
• 54 P. 600
• 1898 Cal. LEXIS 548

Syllabus

<p>■Constitutional Daw—Uniform Operation of General Laws.— Section 11 of article I of the state constitution, requiring all laws of a general nature to have a uniform operation, is satisfied when the law operates uniformly upon all persons standing in the same category, and upon rights and things standing in the same relation.</p> <p>Id.—Former Constitution—Local and Special Legislation.—The power of the legislature, under the former constitution, to pass local and special laws, included the power to make them apply to special objects, and to introduce different remedies from those pointed out in the Code of Civil Procedure, and to disregard exemptions claimed under the general law.</p> <p>Id.—Act Concerning Trespassing Animals—Attachment—Exemption.—The act of March 7, 1878 (Stats. 1878, p. 170), “concerning trespassing animals upon private lands in certain counties,” et cetera, does not violate section 11 of article I of the constitution; nor is it unconstitutional because it gives an attachment for a trespass without an affidavit, nor because it subjects trespassing animals to attachment which are exempt from execution under the general laws.</p> <p>Attachment of Trespassing Animals—Remedy by Distraint— Lien—Construction of Statute.—The act of March 7, 1878, concerning trespassing animals, must be construed to carry out its obvious purpose to afford the owner of the land trespassed, upon a speedy and summary remedy. The remedy by distraint of the animals is to he construed as confined to the period of two days; and it does not preclude the remedy by attachment thereafter, upon the ground that the plaintiff who has dis-trained has a continuing lien upon the animals.</p> <p>Id.—Fork of Action—Custody of Law.—The statute gives to the plaintiff the remedy by attachment, whether he proceeds by action in personam against the owner if known, or in rem against the trespassing animals, if the owner is unknown; and, in either case, the attached animals pass into the custody