Imperial Valley Auto Co. v. Toney

Action brought by plaintiff to recover possession of personal property. Judgment for defendant, and the plaintiff appeals therefrom. The judgment-roll is the only record before us.

[1] The judgment, in terms, is that the defendant recover from plaintiff the said personal property, or, if delivery thereof cannot be had, then the defendant have judgment in a stated sum (found to be the value of the property, less a certain allowed credit), and for costs.

The answer filed by defendant did not claim a return of the property. Indeed, there is nothing in the pleadings or findings to indicate that the…