Kendall v. Clark
Cases that cite this one
5 later published cases cite this decision.
- Bally v. State Farm Life Insurance Company (United States District Court for the Northern District of California 2021)
- (HC) Larue v. Matteson (United States District Court for the Eastern District of California 2023)
- Van Bogaert v. Avery (Cal. Ct. App. 1969)
- Johnson v. Twichell (N.D. 1904)
- De Deffeliz v. Pico (Cal. 1873)
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
Field J., and Burnett, J., concurring.
The complaint does not state facts sufficient to constitute a cause of action.
The plaintiff sets out that Clark, who was sheriff of Calaveras, under an execution against plaintiff J. Kendall, levied on and sold certain property, which was the homestead of the plaintiff, and claims damages in two thousand dollars.
From the complaint itself it is clear that no damage has or can result from such sale. If the property sold was a homestead, the sheriff’s deed conveyed nothing; the purchaser at such sale could acquire no right to the property, and the plaintiff suffer no injury-
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.