Campbell v. Jones
California Supreme Court
Appeal from the District -Court of the Fourteenth District, County of Placer. The verdict rendered on the -trial-of this case in the-Court below, is as follows : “We, the jury impanelled to try the above case, find : The defendant pay to said plaintiff the sum of twenty-two hundred dollars ($2,200), or return to said plaintiff all pipe and other material received by said defendant from said plaintiff, together with three hundred dollars damages.”
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Appeal from the District -Court of the Fourteenth District, County of Placer. The verdict rendered on the -trial-of this case in the-Court below, is as follows : “We, the jury impanelled to try the above case, find : The defendant pay to said plaintiff the sum of twenty-two hundred dollars ($2,200), or return to said plaintiff all pipe and other material received by said defendant from said plaintiff, together with three hundred dollars damages.” Upon the returning of the verdict by the jury, and before the same was recorded or the jury discharged, the informality of said verdict was…
1Opinion of the Court
By Sprague, J.:
This is an action for the recovery of specific personal property, with damages for its detention.
From the allegations of the complaint, it appears that defendant came rightfully to the possession of the property, and there is no allegation of a demand upon defendant by plaintiff for its delivery, or of any refusal by defendant to deliver the property after demand made; and, for want of these specific allegations, the complaint is fatally defective, as it does not state facts sufficient to entitle the plaintiff to maintain an action.
Pleadings are to be most strictly construed…
2Cited by12 opinions
- Woodward v. EdmundsUtah Supreme Court · 1899
- Quimby v. LyonCalifornia Supreme Court · 1883
- Weinberger v. WeidmanCalifornia Supreme Court · 1901
- Hennessy Co. v. WagnerMontana Supreme Court · 1923
- Singer v. Salt Lake Copper Mn'f'g Co.Utah Supreme Court · 1898
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