McDade

George H. Fuller Desk Co. v. McDade

Good Law
113 Cal. 360·1896 Cal. LEXIS 794·45 P. 694
Supreme Court of CaliforniaJuly 18, 1896S. F. No. 84California706 words

Opinion

Lead Opinion

Britt, J.

Action against McDade and the sureties on his official bond given to qualify him for the office of sheriff of the city and county of San Francisco, to which he was elected in November, 1892. The condition of the bond was that he would perform the duties of his office according to law. Plaintiff alleged in its complaint that it was on May 25, 1893, and is now, the owner of certain goods described, of the value of eleven hundred and thirty-two dollars, at that date in the possession of the Carnall-Hopltins Company, a corporation; that on said May 25th McDade, in his capacity of sheriff aforesaid, and acting in virtue of a writ of attachment against the property of said Carnall-Hopltins Company, levied upon and took from its possession the said goods of plaintiff, and detains the same against plaintiff's will, “and notwithstanding that immediately thereafter plaintiff notified said defendant McDade that plaintiff was the owner thereof, and demanded possession thereof. .... That by reason of the wrongful conversion ” of said goods, plaintiff was damaged in the sum of twelve hundred dollars, for wdiich it prayed judgment. Defendants appeal from the judgment entered on a verdict in…

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