Brown v. Johnson
CHARLES BROWN v. THOMAS JOHNSON
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
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 as to warrant its rendition. • Judgment affirmed.
Cited by
- Hosea v. Brather Civ. No. 3391 · 1945-11-29
- Griffith v. Reddick Civ. No. 2133. · 1919-06-07
- Donovan v. Aetna Indemnity Co. of Hartford Civ. No. 602. · 1909-05-29
- Erreca v. Meyer L.A. No. 1104. · 1904-02-20
- Faulkner v. First National Bank L.A. No. 689. · 1900-10-05
- Von Schmidt v. Von Schmidt No. 15574 · 1894-11-27
- Caruthers v. Hensley No. 14176 · 1891-08-25
- Claudius v. Aguirre No. 14322 · 1891-06-22
- Burke v. Koch No. 11088 · 1888-03-26
- De Thomas v. Witherby No. 8,091 · 1882-07-25