Humphreys v. Hopkins

Citations

• 3 Cal. Unrep. 56
• 20 P. 713
• 1889 Cal. LEXIS 1086

Syllabus

<p>Replevin by Receiver—Pleadings—Findings—Judgment.—In replevin, plaintiffs alleged that they had been duly appointed and qualified as receivers of a railroad company in another state, which thereupon delivered all its property to plaintiffs, and that the property in question had been wrongfully taken from them by defendant in this state. The answer admitted the appointment and qualification o£ plaintiffs as receivers, but denied that the company had delivered to them its property, and specifically denied the delivery of the property in question, which defendant claimed to hold as sheriff under an attachment issued against the company. Held, that the issues demanded a finding that the property had been delivered to plaintiffs as receivers before it came into this state, and that a finding that plaintiffs were entitled to its possession when taken from them by defendant was insufficient, it being but a conclusion of law.</p>