Diefendorff v. Hopkins

Citations

• 95 Cal. 343
• 30 P. 549
• 1892 Cal. LEXIS 826

Syllabus

<p>Action fob Conversion of Goods — Judgment for Defendant — Failure to Find Value or Damage. —A judgment for the defendant for costs, upon findings in his favor in an action for conversion of goods, is not rendered erroneous by the absence of an express finding on the issue of value and damage.</p> <p>Id. — Findings — Issues Rendered Immaterial. — The failure to find upon an issue which has become immaterial is not a prejudicial error. The parties to an action have no right to a finding upon every specific issue in a case merely because they may plead it as res adjudicata in some possible future controversy where it may become material.</p> <p>Id.—Justification under Attachment against Plaintiff’s Vendor — Statute of Frauds — Change of Possession — Pleading — Sufficiency of Answer — Appeal — Objection for First Time. — Where the defendant, in an action for the conversion of goods, justified under a writ of attachment against the vendor of the plaintiff under the statute of frauds for want of a sufficient change of possession, and the trial was conducted in the trial court without demurrer to the answer or objection to evidence, upon the assumption of all parties that the plea was sufficient in form, it cannot be objected to for the first time upon appeal.</p> <p>Husband and Wife—Separate Property of Wife — Gift by Husband from Community Property — Commingling of Property. —Property-acquired after marriage may, as between husband and wife, become the separate property of the latter by gift; and community property may be allowed by the husband to be so mingled with the profits of the wife’s separate estate as to indicate an intention that it should be her separate property.</p> <p>Id. —Boarding-houses Kept by Wife — Title to Furniture. —Where a married woman has carried on boarding-houses with her separate funds mingled with a monthly allowance from her husband for the support of herself and children, and the whole course of conduct of both husband and wife for years