Foster v. Coronel

California Supreme Court

Foster v. Coronel

1 Cal. Unrep. 402

CourtCalifornia Supreme Court

DecidedDecember 24, 1867

DocketNo. 1409

StatusPublished

This text of 1 Cal. Unrep. 402 (Foster v. Coronel) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foster v. Coronel, 1 Cal. Unrep. 402 (Cal. 1867).

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Opinion

SAWYER, J.

We find no error in the record. The judgment is valid, at least until reversed. It is by no means certain that it would be reversed on appeal. The evidence excluded was inadmissible in this action. The judgment and execution authorized a sale of the property. If the officer, by his misconduct, induced a sale of the property for less than it would otherwise have brought, the remedy must be an action for damages, resulting from his acts, and not an action to recover the property, or its value.

Judgment affirmed.

We concur: Currey, C. J.; Rhodes, J.

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SAWYER, J.

We find no error in the record. The judgment is valid, at least until reversed. It is by no means certain that it would be reversed on appeal. The evidence excluded was inadmissible in this action. The judgment and execution authorized a sale of the property. If the officer, by his misconduct, induced a sale of the property for less than it would otherwise have brought, the remedy must be an action for damages, resulting from his acts, and not an action to recover the property, or its value.

Judgment affirmed.

We concur: Currey, C. J.; Rhodes, J.

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Bluebook (online)

1 Cal. Unrep. 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-coronel-cal-1867.