Hutchings v. Castle

Citations

• 48 Cal. 152

Syllabus

<p>Complaint in Tboveb.—Under our practice, in an action for taking and carrying away goods, an allegation in the complaint, that the defendant took and carried away the goods, is equivalent to an averment that the defendant converted the goods to his own use.</p> <p>Judgment rsr Tboveb.—If, in an action of trover, the complaint, in addition to alleging a taking and carrying away of the goods, avers a detention of the same, and it appears on the trial that the defendant had sold the goods before the suit was brought, and the plaintiff recovers judgment only for the value of the goods, the defendant is not injured by the allegation of a detention.</p> <p>Evidence on a' Defective Answee must be Objected to.—If, in an action against a Sheriff for damages for taking goods, by virtue of an attachment, from a vendor of the defendant in the attachment suit, the Sheriff relies on fraud in the sale, but in his answer does not distinctly aver the facts constituting the fraud, and the answer is not demurred to, nor is evidence of the fraud objected to on the trial, a judgment for the plaintiff will not be disturbed, for it is too late to raise an objection to the evidence for the first time in the Supreme Court.</p> <p>Judgment not Bevebsed fob Ebbob which does no Haem.—When the' Court fails to find on a material issue, and the findings are excepted to for that reason, the judgment will not be reversed if the finding must have been adverse to the appellant.</p> <p>Declabations of Yendob as Evidence.—The declarations of a vendor, made after a sale and. delivery of personal property, are not admissible in evidence to show fraud in tlje sale.</p> <p>Ccubt may Disbegabd Illegal Evidence Beceiyed.—If illegal evidence is admitted on the trial, the Court does not err in refusing to find a fact proved by such evidence.</p> <p>Declabations of Agent as Evidence.—The declarations of an agent of a vendee whose agency is limited to the care and custody of goods after they have passed to th