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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