Witcher v. Jansen

California Supreme Court

Witcher v. Jansen

1 Cal. Unrep. 85

CourtCalifornia Supreme Court

DecidedApril 6, 1860

DocketNo. 2783

StatusPublished

This text of 1 Cal. Unrep. 85 (Witcher v. Jansen) 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

Witcher v. Jansen, 1 Cal. Unrep. 85 (Cal. 1860).

Pincite

Opinion

COPE, J.

— This is an action to recover money paid to the sheriff of Placer county upon an execution issued from the county court of that county. The money was paid under protest, and the ground of recovery relied upon by the plaintiffs is that the execution was issued upon a void judgment. The complaint shows that there was a good cause of action within the jurisdiction of the court, and there is nothing in the record entitling the plaintiffs to assail the judgment collaterally. It may have been irregular, but it is not shown to have been void.

The judgment is affirmed.

I concur: Baldwin, J.

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COPE, J.

— This is an action to recover money paid to the sheriff of Placer county upon an execution issued from the county court of that county. The money was paid under protest, and the ground of recovery relied upon by the plaintiffs is that the execution was issued upon a void judgment. The complaint shows that there was a good cause of action within the jurisdiction of the court, and there is nothing in the record entitling the plaintiffs to assail the judgment collaterally. It may have been irregular, but it is not shown to have been void.

The judgment is affirmed.

I concur: Baldwin, J.

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Bluebook (online)

1 Cal. Unrep. 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/witcher-v-jansen-cal-1860.