Brenot v. Robinson

Citations

• 108 Cal. 143
• 41 P. 37
• 1895 Cal. LEXIS 835

Syllabus

<p>Claim and Delivery—Action Against Constable—Allegation of Demand.—In an action of claim and delivery against a constable, to recover the possession of personal property which had been seized by him under a writ against another, an allegation in the complaint that, prior to the commencement of the action, the plaintiff had made a demand on the defendant for the possession of such property, is a sufficient averment of the fact of such demand, as against a general demurrer. If the form of the demand did not comply with the requirement of section 689 of the Code of Civil Procedure, as amended in 1891, the defendant could traverse the allegation in his answer, and could also object to the proof when offered at the trial.</p> <p>Id.—Finding as to Value.—In an action of claim and delivery of several articles, the values of which were alleged in the complaint, both separately and in the aggregate, the failure of the court.to find the specific value of each article does not invalidate a- judgment for their aggregate value, if the defendant, in his answer, only took issue upon the aggregate value, and it does not appear from the record that any evidence was offered at the trial regarding the value of any of the property.</p>