Reports of Cases Determined in the Supreme Court of the State of California

Cover Reports of Cases Determined in the Supreme Court of the State of California
Reports of Cases Determined in the Supreme Court of the State of California
California. Supreme Court
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Co,, 42 Wis. 654, 667;* Goddard v. Grand T. By. Co., 57 Me. 202, 227; Craker v. Chicago etc. By. Co., 36 Wis. 657, 676;* Avakia/n v. Noble, 121 Cal. 216; 12 Am. & Eng. Ency. of Law, 2d ed., p. 37, note 7; Perkins v. Missouri etc. By. Co., 55 Mo.
201, 214.) BEATTY, C. J. — A rehearing of this case was ordered after affirmance of the judgment and order appealed from, based upon the following opinion rendered in Department : — ** Action to recover damages for a trespass committed by the sheriff by
... reason of the abuse of his authority in serving pro- cess upon the plaintiff. The action was tried by the court * 25 Am. Dec. 167, and note. * 24 Am. Rep. 437.
• 54 Am. St. Rep. 327. • 17 Am. Rep. 504.
•2 Am. Dec. 438.
Digitized by LjOOQIC Feb. 1904.] Foley v. Martin. 259 without a jury. Judgment was rendered in favor of the plaintiff for the sum of five hundred dollars, from which and from an order denying a new trial the defendants have ap- pealed.
''In an action against the plaintiff pending in the justice's court for San Francisco the summons was delivered to the de- fendant Martin, who was the sheriff of the city and county, for service upon the plaintiff.


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