Woodham

Woodham v. Cline

Good Law
130 Cal. 497·1900 Cal. LEXIS 872·62 P. 822
Supreme Court of CaliforniaNovember 19, 1900L.A. No. 622.California758 words

Opinion

Lead Opinion

Cooper, J.

This action was brought to recover the value of personal property alleged to have been converted by defendants. The court filed findings upon which judgment was entered for plaintiff. This appeal is from the judgment upon the judgment-roll.

The only point urged on this appeal is that the court failed to find upon the pleas of the statute of limitations set up in defendants’ answers. It is alleged in the answers that the defendant Pease brought suit against Hay and Alice Richards, and procured a writ of attachment against them, which writ was •delivered to defendant Cline, as the sheriff of Los Angeles county, and that on the twenty-first day of April, 1894, the said property was taken by defendant Cline as such sheriff, in his official capacity, under and by virtue of the said writ of attachment, as the property of said Hay and Alice Richards. It is further alleged in the answers that the action is barred by the provisions of subdivision 2, section 339, and subdivision 1, section 341, of the Code of Civil Procedure.

It is provided in said subdivision 2, section 339, that an action must he commenced within two years "against a sheriff . . . upon a liability incurred by the doing…

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