Munroe v. Thomas

California Supreme Court

Munroe v. Thomas

5 Cal. 470

CourtCalifornia Supreme Court

DecidedJuly 1, 1855

StatusPublished

Cited by11 cases

This text of 5 Cal. 470 (Munroe v. Thomas) 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

Munroe v. Thomas, 5 Cal. 470 (Cal. 1855).

Pincite

Opinion

Heydenfeldt, J., delivered the opinion of the Court.

Murray, C. J. concurred.

A ferry is a franchise, and is not the subject of levy, sale, or delivery, under execution. It involves a personal trust granted by the sovereign, upon conditions imposed upon the grantee alone, and his liability cannot be removed by substitution.

The term “ appurtenances,” used in the return of levy by the Sheriff, is too general, vague, and indefinite, to comprehend in its meaning any personal property as the subject of levy; it therefore passed nothing by the sale.

The order is reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Heydenfeldt, J., delivered the opinion of the Court.

Murray, C. J. concurred.

A ferry is a franchise, and is not the subject of levy, sale, or delivery, under execution. It involves a personal trust granted by the sovereign, upon conditions imposed upon the grantee alone, and his liability cannot be removed by substitution.

The term “ appurtenances,” used in the return of levy by the Sheriff, is too general, vague, and indefinite, to comprehend in its meaning any personal property as the subject of levy; it therefore passed nothing by the sale.

The order is reversed.

Cite This Page — Counsel Stack

Bluebook (online)

5 Cal. 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munroe-v-thomas-cal-1855.

Opinion

Related

Cite This Page — Counsel Stack