California Supreme Court, 1876

Horn v. Corvarubias

California Supreme Court · Decided July 1, 1876

51 Cal. 524

Cases that cite this one

5 later published cases cite this decision.

Moriund v. Johnson (Mo. Ct. App. 1910)
McRae v. Lackmann (Cal. Ct. App. 1908)
Cheeseman v. Fenton (Wyo. 1905)
Jones v. McQueen (Utah 1896)
Brichman v. Ross (Cal. 1885)

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

By the Court:

The answer admits that the property was in the possession of the plaintiff when it was attached by the sheriff. *526The complaint specifies a deficiency of the evidence to sustain the finding involved in the general verdict of the jury that the property was in the possession of the debtor.

An officer who seizes property in the hands of a debtor may justify under the writ of attachment simply; but if he takes it from the possession of a third person, he must prove not only the attachment, but also the proceedings on which it was based. (Thornburg v. Hand, 7 Cal. 554.)

Order reversed and cause remanded for a new trial.

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