Cain v. Cody

Citations

• 3 Cal. Unrep. 489
• 29 P. 778
• 1892 Cal. LEXIS 1076

Syllabus

<p>Replevin—Damages.—In an Action to Recover Possession of certain charcoal, and damages for its detention, the verdict was as follows: “We, the jury, .... find judgment for plaintiff in the following amount, to wit: Value of coal, $546; damages in pursuit of recovery of property, $384; total, $930.” Held, that the verdict was a general finding that plaintiff was entitled to a return of the property, and a special finding as to value and damages.</p> <p>Replevin—Damages.—It was Proper to Allow Damages as compensation for the time and money expended in pursuit of the property.</p> <p>Replevin—Amendment of Complaint.—In Replevin, upon the Introduction of plaintiff’s evidence as to the quantity and value of the coal alleged to be withheld, there was no abuse of discretion in permitting an amendment of the complaint so as to allege the detention of a larger quantity of coal, of greater value, and correspondingly increased damages.1</p>