gno.law

Holmberg v. Hendy

California Supreme Court · No. 9131 · 1886-03-31 · Published · 2 Cal. Unrep. 650 · 10 P. 394 · 1886 Cal. LEXIS 878

HOLMBERG v. HENDY

Area
civil
Panel
Ross (author)

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 — Ross

ROSS, J.

The action is claim and delivery. The judgment does not conform to the requirements of the statute in such cases, for which reason it must be reversed: Code Civ. Proc., see. 667; Berson v. Nunan, 63 Cal. 550. The verdict contains the same vice, for which reason a proper judgment could not be here ordered, assuming that none of the other points made by appellants are well taken. A new trial must therefore be ordered without reference to the other points.

Judgment and order reversed and cause remanded for a new trial.

We concur: Myrick, J.; McKinstry, J.

Cites, in this corpus