14 Cal. 410 | Cal. | 1859
delivered the opinion of the Court—Field, C. J. and Cope, J. concurring.
Action in the nature of replevin, to recover one thousand eight hundred dollars taken by defendant as Sheriff, under process, as the property of one McCormick. McCormick was a witness, and testified that this money was taken from a safe in his possession belonging to Wells, Fargo & Co. who had four hundred dollars in the safe, the balance being the money of plaintiff. McCormick was present at the levy by the officer, and was agent for Wells, Fargo & Co. and when the plaintiff made the claim for the money taken, interposed no objection. The ground taken by defend
At least, there was evidence enough to go to the jury as to this matter of severance, and the Court did not err in refusing a non-suit.
Judgment affirmed.
On rehearing the same judgment was rendered.