Spooner

Spooner v. Cady

Good Law
1896 Cal. LEXIS 1106·5 Cal. Unrep. 357·44 P. 1018
Supreme Court of CaliforniaMay 8, 1896Sac. No. 36California2,154 words

Opinion

Lead Opinion

Belcher, J.

It is alleged in the complaint in this case that on the twenty-eighth day of September, 1892, plaintiff was the owner, in possession, and entitled to the possession, of certain described personal property, which was and is of the value of $13,000; that on said day the defendant wrongfully, and without her consent, took said property from the possession of plaintiff; that on the third day of October, 1892, plaintiff demanded of defendant the possession of said property, but to deliver possession thereof to plaintiff defendant refused, and still refuses, to her damage, etc.; “that, by reason of said taking and detention of said property by defendant, plaintiff has been compelled to properly and necessarily expend a large amount of time and money in pursuit of said property; and that a fair compensation for the time and money so properly expended by plaintiff in pursuit of said property is the sum of three thousand dollars.” Wherefore, judgment is asked (1) for a return of the property, or, in case a return thereof cannot be had, for the sum of $13,000, the value thereof; (2) for the sum of $3,000, as compensation for

*359 the time and money properly expended by plaintiff in pursuit…

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