Hollenbach v. Schnabel

Citations

• 101 Cal. 312
• 35 P. 872
• 1894 Cal. LEXIS 1032

Syllabus

<p>Claim and Delivery—Return oe Property Delivered to Plaintiee —Evidence—Papers on File—Judicial Notice.—In an action of claim and. delivery, where the property was delivered to the plaintiff, and the answer demanded a return of the property or a recovery of its value and damages, and the papers on file were not formally offered in evidence at the trial, a finding of the fact of the delivery of the property to the plaintiff, is supported by the judicial notice of the court of the proceedings had in the cause, the evidence of which, under the official signature of its sheriff was, as provided by the code, on file in the cause.</p> <p>Id.—Judicial Notice oe Proceedings in Cause.—Courts will take judicial notice of their records and officers, and, when necessary for the administration of justice in a given case, will take such notice of all previous and undisputed proceedings therein appearing of record, certified or authenticated as required by law, and required by law to be on file or of record in the cause.</p> <p>Id.—Possession by Plaintiff—Judicial Notice of Sheriff’s Return. Where the evidence showed the right of property in the defendant, and the value averred in the complaint is not denied in the answer, the court may determine the question as to the possession by the plaintiff from judicial notice of the return of the sheriff showing its delivery to the plaintiff, and may determine therefrom the right of the defendant as a question of law to a judgment for its return.</p> <p>Id.—Fraud in Sales—Rescission—Finding of Fact.—Where the property claimed was sold by plaintiff to the defendant, and was sought to-be recovered on the ground that it was procured by fraudulent representations by the defendant, the finding that “plaintiff did not rescind said sales, or either of them, ” is the finding of an ultimate fact, and not of a conclusion of law; and this fact being found, the plaintiff was not in a position to recover the property sold in an action for claim and d