Campbell v. Jones

Citations

• 38 Cal. 507

Syllabus

<p>Pleading. —Material allegations must lie distinctly stated in pleadings, and are not to be inferred from doubtful or obscure language. Speague, J.</p> <p>Pleading in Actions fob the Recoveby of Specific Peesonal Peopep,ty.—A complaint, in such actions, is fatally defective, when it appears that tho defendant came rightfully to the possession of tho property, and there is no allegation of demand, and refusal to deliver the same. Spbagüe, J.</p> <p>Veedict—Waiveb of Defects In.—If a verdict be so defective that it cannot serve as the basis of a judgment, the waiver of the defect, by the other party, and consent that a certain construction thereof should bo taken as the verdict, is as irregular and ineffectual as tho verdict itself. Spbagüe, J.</p> <p>Yebdict. —If a verdict he wholly unsupported by the evidence, as to the quantity, quality and value of the property sued for, it should not be allowed to stand. Cbockett, J.</p> <p>Judgment in Actions fob the Recoveby of Specific Peesonal Pbopeety.—In such actions, the omission to specify the property of which restitution is to he made, is erroneous. Cbockett, J.</p> <p>Pleading of Demand and Refusal.—The allegation that the defendant “ has failed, refused and neglected so to return” the property sued for, is not an averment of the special and formal demand and refusal to deliver, required in actions of this kind. Sandebson, J.</p> <p>Idem.—Although a demand is only inferable from other allegations in tho complaint, it should he held to be sufficient if tho case was submitted and tried upon other issues in the Court below, and the defect in the complaint he noticed for the first time in the appellate Court. Sawyeb, C. J., and Rhodes, J.</p> <p>Yebdict—Waiveb of Infoemality In.—If a verdict be fatally informal, but before the jury are discharged, tlie party against whom it was given agreed to such an interpretation thereof as would sustain a judgment, such agreement should be hold to cure the defects in the verdict. Saw