Herriter v. Porter

Citations

• 23 Cal. 385

Syllabus

<p>A cause of action arising out of contract, or based upon a single or continuous tortious act, cannot be divided up into several demands, and made the subject of separate actions.</p> <p>If an action be brought to recover possession of a lot of personal property, wrongfully taken and detained, and if the wrongful taking was one continuous and tortious act, a verdict and judgment, in that action, will be a bar to a subsequent suit for the remainder of the property.</p> <p>The Supreme Court will not presume error, or that facts exist which would show error. If the Court below commits error in its finding or judgment, that error, or the facts necessary to establish it, must be shown afiirmatively by the appellant.</p>