Cummings v. Stewart

Citations

• 42 Cal. 230

Syllabus

<p>Replevin—Bbboneous Judgment.—Where the action was replevin in the detinet, and the Court found that the value of the property was six hundred dollars, that the plaintiff was its owner and entitled to its possession, and that the defendant detained it from him, and then gave judgment in favor of the plaintiff for the property, or for the sum of one hundred and seventy-six dollars and twenty cents, at the option of the defendant; held, to be error; first, because it gave the defendant the option to retain the property by paying a named sum; and, second, because the sum to be paid was less than the value, as fousd.</p>