Harris v. Burns
California Supreme Court Jul 1, 1876 No. No. 5271Published
Synopsis
Finding oh Facts.—If a sheriff is sued for wrongfully taking personal property, and answers that he took the same by virtue of an attachment, and that the goods were the property of the defendant in the attachment, who had fraudulently sold them to the plaintiff, the court must find on the issue of fraud thus raised.
By the Court: The court having omitted to find upon the issue of fraud, set up in the answer of the defendant, the judgment and order are reversed and causeremanded for new trial.
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