Kelly v. McKibben
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order refusing to retax costs, in the Fourth District Court, City and County of San Francisco. Mobbisox, J. The judgment is for the return of the property described in the findings, or if such return cannot be had, then for damages in the sum of $849, with legal interest on $699, a portion thereof, (being the value of the property) from the time of the taking, and for costs.
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Appeal from a judgment for the plaintiff, and from an order refusing to retax costs, in the Fourth District Court, City and County of San Francisco. Mobbisox, J. The judgment is for the return of the property described in the findings, or if such return cannot be had, then for damages in the sum of $849, with legal interest on $699, a portion thereof, (being the value of the property) from the time of the taking, and for costs. The property is described in the findings as being that mentioned in the complaint—there being an amended complaint in the action. The value of the property at the…
1Opinion of the Court
Department No. 2, by the Court:. The judgment in this case can be so modified as to make it conform to the requirements of § 667 of the Code of Civil Procedure. To accomplish this, no other guide than the plain provisions of that section and the findings on file will be necessary.
The mode of describing the property recovered in the judgment is not one that we can conscientiously recommend as a precedent. But the description is not uncertain. Certum est quod certum reddi potest. The reference in the judgment to the finding, and in the finding to the complaint, for a description of the…
2Cases cited2 opinions
- Barber v. ReynoldsCalifornia Supreme Court · 1867
- Freeborn v. NorcrossCalifornia Supreme Court · 1874
3Cited by39 opinions
- Flynn v. FlynnCalifornia Supreme Court · 1954
- Baar v. SmithCalifornia Supreme Court · 1927
- People Ex Rel. Los Angeles Bar Ass'n v. California Protective Corp.California Court of Appeal · 1926
- Collins v. ScottCalifornia Supreme Court · 1893
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
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