Brown v. Johnson
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, County of Contra Costa. Replevin for six horses mares and colts, four hundred fence posts, two plows, one reaper, three thousand pickets, and one cultivator. The complaint prayed for judgment for possession, and for five hundred and sixty dollars, the value thereof, and five hundred dollars damages.
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Appeal from the District Court of the Fifteenth Judicial District, County of Contra Costa. Replevin for six horses mares and colts, four hundred fence posts, two plows, one reaper, three thousand pickets, and one cultivator. The complaint prayed for judgment for possession, and for five hundred and sixty dollars, the value thereof, and five hundred dollars damages. The defendant justified as Constable under a writ of attachment issued in a Justices’ Court at the suit of Conway & Co. against William C. Chapman. The Court rendered judgment for the plaintiff for five hundred and sixty dollars,…
1Opinion of the Court
By the Court:
If at the trial of this action (replevin) it had distinctly ap-. peared that the personal property in controversy- had been hopelessly lost or had been destroyed, so that a judgment for its delivery would be necessarily unavailing, a failure to render judgment for its possession (under Section 200 of the Practice Act) would, at most, be but a technical error or omission,■ and one for which we would not reverse the judgment. And in support of such judgment, where, as here, the record discloses nothing on the -point, we will intend that the facts actually appearing below were such…
2Cited by13 opinions
- Caruthers v. HensleyCalifornia Supreme Court · 1891
- Faulkner v. First National BankCalifornia Supreme Court · 1900
- Claudius v. AguirreCalifornia Supreme Court · 1891
- Burke v. KochCalifornia Supreme Court · 1888
- Erreca v. MeyerCalifornia Supreme Court · 1904
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