Yraceburn

Yraceburn v. Cape

Good Law
1923 Cal. App. LEXIS 39·60 Cal. App. 374·212 P. 938
Court of Appeal of CaliforniaJanuary 5, 1923Civ. No. 4196.California3,009 words

Opinion

lead Opinion

Richards, J.

recovery of the possession of about 690 sheep, with damages for their wrongful taking and detention by the defendant. The complaint is in the usual form in such actions, alleging that on a certain date in January, 1921, the plaintiffs were the owners and entitled to the possession of said sheep and that thereafter, and while the said plaintiffs were so entitled to the same, the defendant wrongfully and without plaintiffs’ consent came into the possession of said personal property, and still retains the same and refuses to deliver the same to the plaintiffs upon their demand, to their damage in the sum of $1,000. The value of the sheep so taken and so held is alleged to be the sum of $8,625, for which sum, together with such damages, plaintiffs pray alternative judgment in case the possession of said property cannot be obtained. The answer of the defendant consists of specific denials of the possession or right of possession of said sheep or any of them on the part of said plaintiffs; denies that their value is a sum in excess of $1,500; denies any wrongful taking or possession of the said property or the detention thereof to the plaintiffs’ damage in any sum whatever. The…

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