California Supreme Court, 1857

Dutertre v. Driard

California Supreme Court · Decided July 1, 1857 · Terry

7 Cal. 549

Cases that cite this one

5 later published cases cite this decision.

Love v. Keays (Cal. 1971)
Gray v. Whitmore (Cal. Ct. App. 1971)
Smart v. Sosey (Cal. Ct. App. 1920)
People v. Sylva (Cal. 1904)
Hawkins v. Roberts (Cal. 1872)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Terry, J.,

delivered the opinion of the Court—Murray, C. J., concurring.

*551Under our statutes, a levy on personal property capable of manual delivery must be made, by taking the property into custody. If the execution-creditor permits property levied on to remain in the hands of the debtor, his levy cannot operate to defeat subsequent executions.

The property in question was allowed to remain with defendant in execution for more than three months after the levy; to permit such a course would open the door to fraud.

Judgment affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.