Cooke v. Aguirre

Citations

• 86 Cal. 479
• 25 P. 5
• 1890 Cal. LEXIS 1056

Syllabus

<p>Replevin—Findings — Omission of Material Issues — Judgment •—Appeal. — In an action for the recovery of personal property, where the complaint alleged the plaintiff’s ownership and right to immediate possession of the property, giving its value, and its wrongful taking and detention by the defendant, to his damage in a certain sum, and the defendant answered, denying all the allegations of the complaint except the value, if no findings are made upon the issues as to whether the plaintiff was entitled to the possession of the property or whether he was damaged by the taking, a judgment for the return of the property will be reversed upon appeal.</p> <p>Id.—Necessity of Alternative Judgment. —In such an action, the judgment should be in the alternative, for the return of the property or its value; a judgment merely for the return is erroneous.</p> <p>Id.—Description in Judgment — Uncertainty__A judgment for the possession of personal property which merely describes- it as “two stallion horses, ” and does not refer to any pleading or other paper for further description, is bad for uncertainty, and will be reversed.</p>