Angell v. Hopkins
California Supreme Court
Appeal for an order of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover the possession, or its value in case a delivery could not be had, of certain personal property.
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Appeal for an order of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover the possession, or its value in case a delivery could not be had, of certain personal property. The amended complaint, after alleging facts showing a conversion of the property by the defendant, in the same count averred that at the time of the unlawful taking, the defendant damaged other property of the plaintiff in a specified sum, and that by reason of the unlawful detention of the property, he had been and would continue to be damaged…
1Opinion of the Court
Hayne, C.
— Action for the conversion of personal property. Judgment for plaintiff. Defendant appeals. Several points are made.
1. It is said that the demurrer for misjoinder of causes of action should have been sustained. But assuming, for the purposes of the case, that this is so, no injury resulted to the appellant, for the reason that the findings show that the value of the property was the only basis for the judgment given. Error in overruling a demurrer for misjoinder of causes of action is immaterial, if it does not affect the substantial rights of the parties. (Reynolds v. Lincoln, 71…
2Cases cited5 opinions
- Jones v. . MorganNew York Court of Appeals · 1882
- Boggan v. . HorneSupreme Court of North Carolina · 1887
- Norton v. WillisSupreme Judicial Court of Maine · 1882
- Rawson v. PriorSupreme Court of Vermont · 1885
- Merchants' National Bank v. RaymondWisconsin Supreme Court · 1871
3Cited by21 opinions
- Bollinger v. BollingerCalifornia Supreme Court · 1908
- Meshek v. CordesSupreme Court of Oklahoma · 1933
- Bacigalupi v. Phoenix Building & Construction Co.California Court of Appeal · 1910
- Levy v. ScottCalifornia Supreme Court · 1896
- Travis Glass Co. v. IbbetsonCalifornia Supreme Court · 1921
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