Humphreys

Humphreys v. Hopkins

Good Law
1889 Cal. LEXIS 1086·3 Cal. Unrep. 56·20 P. 713
Supreme Court of CaliforniaFebruary 27, 1889No. 12,626California1,218 words

Opinion

Lead Opinion

The findings of the court do not respond to the issues. The complaint alleges, in substance, that on the twenty-fifth day of May, 1884, plaintiffs were by an order of the United States circuit court of Missouri, appointed receivers of all the property of the Wabash, St. Louis & Pacific Railroad Company, with authority to take possession of, control, and operate its railroad, and preserve the property; that plaintiffs duly qualified as such receivers, and thereafter the said railroad company transferred and delivered all of its property to the plaintiffs, in pursuance of said order; that plaintiffs took possession of, and ever afterward managed and controlled, the same, until interfered with by the defendant, as hereinafter stated; that the car in controversy is a part of the property so transferred; that, while plaintiffs were in possession of the car, the defendant at the city of San Francisco, April 3, 1885, wrongfully and unlawfully took it from their possession, and still unlawfully detains the same, although a demand for the possession of the car has been made by the plaintiffs.

The answer admits that the plaintiffs were appointed, and that they duly qualified and entered…

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