Kelley v. McKibben
California Supreme Court
' Appeal from the District Court of the Fourth Judicial District, San Francisco. The action was replevin for household furniture. An amended complaint was filed, containing a list of the articles sued for.
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' Appeal from the District Court of the Fourth Judicial District, San Francisco. The action was replevin for household furniture. An amended complaint was filed, containing a list of the articles sued for. The findings recite that, on the 22nd of November, 1875, the plaintiff was the owner of the articles mentioned in the complaint, “ except the following articles therein enumerated, to wit: ” (naming them). Judgment was rendered for the plaintiff, and the defendant appealed therefrom and from an order denying defendants motion to retax the costs.
1Opinion of the Court
By the Court :
The judgment recites that the case having been submitted for decision, the Court delivers its findings and decision in writing, which is filed, and orders that judgment be entered in accordance therewith. It then proceeds as follows: “ Wherefore, by reason *14of the law and the finding aforesaid, it is ordered, adjudged, and decreed that Luke C. Kelley, plaintiff, do have and recover from William McKibben, defendant, judgment for the return of said property mentioned therein, or if such return cannot be had, then for damages,” etc.
The most favorable view for the plaintiff is that…
2Cited by4 opinions
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