Arnold

Arnold v. Superior Court

Good Law
1925 Cal. App. LEXIS 614·71 Cal. App. 298·234 P. 912
Court of Appeal of CaliforniaFebruary 16, 1925Docket No. 5054.California1,452 words

Opinion

Lead Opinion

Sturtevant, J.

This is an application for a writ of review. An understanding of the application requires a consideration of the following facts: M. E. Geary, as plaintiff, commenced an action against Chris Stafford to obtain the possession of a certain automobile. When he commenced his action the plaintiff executed an affidavit and undertaking, and, together with P. G. Jacobus, Jr., and Gus C. Ringole as sureties, executed an undertaking and caused the sheriff to take into his possession the said automobile. The defendant Chris Stafford appeared and answered and at the same time filed a cross-complaint. In the cross-complaint Stafford set forth that on the seventh day of April, 1923', G. B. Skinner was in the lawful possession of the automobile and requested Stafford to make alterations and repairs; that he did so and that the cost of the alterations and-repairs was $849.51, and that at the time of the commencement of the action he held possession of the automobile to secure his lien for the sum mentioned. He also pleaded that he did said work for M. E. Geary, G. B. Skinner, Max Arnold, and Richard Roe. He also pleaded a stated account. The cross-complaint was answered by M. E. Geary, G. B.…

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