Bane v. Peerman

Citations

• 125 Cal. 220
• 57 P. 885
• 1899 Cal. LEXIS 831

Syllabus

<p>Claim and Delivery—Insufficient 'Complaint—Past Ownership.—A complaint in an action of claim and delivery, which merely avers the past ownership hy the plaintiff of the personal property claimed, on the day of the seizure thereof by the defendant, and a demand of possession on that day, and does not aver any continued or present ownership or right of possession of the plaintiff, is not aided hy an averment that defendant “still unlawfully withholds and detains said goods and chattels,” and is insufficient to sustain a cause of action, or to support a judgment for the plaintiff.</p> <p>Id.—Ownership at Commencement of Action—Findings Outside of Issues.—Such complaint cannot he supported or cured by findings outside of the issues, setting forth the ownership and •right of possession of the plaintiff at the commencement of the action. Findings of fact must have a basis in the pleadings and be within the issues, and can never cure the absence of an essential allegation.</p>